No one wants to consider the prospect of divorce when they get married. After all, you both promise to be together until death do you part, but sometimes it just doesn’t work out that way. If you’re in a situation where you know you need to get divorced or if your spouse has told you he or she wants a divorce, it’s always a good idea to be informed of the process so you can protect yourself, your family, and your assets. 

 

Here is a step-by-step guide to divorce in Florida and how to choose a Florida divorce lawyer to represent you. 

 

Step 1: A Petition is Filed 

To start the process, one of the spouses needs to file a petition for dissolution of the union with the local circuit court clerk. There are two different types of petitions: a regular petition is for spouses who have property or children together or have other matters they need to resolve and a simplified petition is for those who do not have children, property, or other issues. 

 

Step 2: The Non-Filing Spouse Files an Answer 

 

The spouse receiving the petition for dissolution has 20 days to respond. He or she can either agree (uncontested) or disagree (contested) with the petition. If the petition is contested, disagreements can be settled through mediation or at trial. During this phase, either spouse can request certain orders such as child custody or spousal support.

 

Step 3: Additional Forms Are Filed 

 

The forms required in this step in the state of Florida include:

 

• Family Law Financial Affidavit, which outlines each spouses’ financial status and helps the court determine amounts for alimony, child support, and division of assets.

• Child Support Guidelines Worksheet if court-ordered child support is requested.

• Uniform Child Custody Jurisdiction and Enforcement Act Affidavit that provides basic information on minor children.

• Certificate of Compliance with Mandatory Disclosure, which is the consent form to share financial information and must be submitted within 45 days of the non-filing spouse’s answer.

 

Step 4: Financial Details Are Revealed During Discovery 

 

Both spouses will provide financial details including pay stubs, bank statements, and tax returns and any additional details requested by attorneys representing both parties. This will help the Florida divorce lawyer on both sides determine fair divisions of assets.

 

Step 5: Mediation If Needed 

 

If there are issues in reaching a fair settlement, mediation may be needed to work out details of dividing assets as well as child support and spousal support. Mediation can help avoid a trial and help both spouses and their children move on. 

 

Step 6: A Parenting Plan is Made 

 

If there are minor children involved in the divorce, a parenting plan is made at this time. Mediation can help parents decide on custody, visitation, child support, and other important issues related to raising the children in separate households. Both spouses must also attend a parenting class according to Florida law. 

 

Step 7: The Divorce is Finalized 

 

After everything involved in the divorce is successfully negotiated, it will move on to a final hearing. The judge will review all documents, listen to testimony if necessary, and sign off on the divorce.

 

Choosing the Best Florida Divorce Lawyer 

 

If you are ready to file for divorce or if you have received a petition for divorce from your spouse, it’s imperative you choose a Florida divorce lawyer to represent you. To choose the right one, ask those in your close circle if they have ever worked with a Florida divorce lawyer or if they know of someone who has. Once you have several referrals, read online reviews about them and review their websites for more information. You can then schedule a free consultation to talk with an attorney and make a final decision.