Divorce Process
Divorce? Getting a divorce is usually emotionally draining and rarely fast and simple. There are many things to consider when getting divorced. I am Robert Tager, a Divorce Attorney, and I hope you find this site helpful. Divorce law is complicated, bloated, and changes depending on the facts of the particular divorce case. If you have any questions or would like to schedule an appointment after reviewing my site, please contact me by phone or by using the "contact us" box.
The process of getting divorced is simple enough. A "Petition For Dissolution Of Marriage" is filed by one party with the Clerk of Court and a copy along with a summons is served on the other party. The person filing the initial petition is called the "Petitioner" and the answering party is referred to as the "Respondent". There are times when additional paperwork is filed and served with the initial petition. This will be discussed elsewhere.
After the Petition is served the respondent has 20 days to file their answer with the Clerk, with a copy being sent to the petitioner by the respondent. Sometimes, a "Counter Petition For Dissolution of Marriage" is included with the answer. With in 45 days of the initial petition being served, both parties must comply with the rules regarding "Mandatory Disclosure".
Mandatory disclosure requires that a financial affidavit be prepared by each party and then provided to the other party. It includes a total financial picture of the party preparing it including income, expenses, retirement accounts, assets, non marital assets, etc. Also required are bank statements, credit card statements, brokerage accounts, credit card, and the list goes on and on.
These financial documents are what drives the divorce. These are what the parties will discuss and at times argue about. These financial records are also a large part of what the court will consider in structuring the terms of the divorce.
Under Florida Divorce law, only two things are required to be granted a divorce. That the marriage is irretrievably broken and that one of the parties has been a resident of Florida for at least six months before the petition for divorce is filed. Under rare circumstances the respondent might not believe or agree that the marriage is irretrievably broken. Under this circumstance the Court will order marriage counseling. If only one party still believes the marriage is irretrievably broken after counseling, the Court will grant the divorce.
Petition for Dissolution of Marriage
The petition for dissolution will include factual assertions and allegations, just like any other civil suit. It will contain allegations and requests for the Court to decide on how these items should be structured in the final divorce decree.
- Equitable Distribution: This is the process by which the Court divides the marital assets and liabilities.
- Marital Residence: If the parties own a marital home.
- Real Property (Non Residence): If the parties own other real estate besides their home.
- Alimony: Whether and how much one party should pay to the other party. If awarded, it can be structured many different ways.
- Children: If there are minor children or dependent children, the Court will decide and structure things such as child custody, parental responsibility, child support, parenting plan, etc.
- Name Restoration: This is when the Wife requests that her former name or maiden name be legally restored.
These are the most common and most inclusive requests in a divorce. The links above will take you to the area of this site that discusses these matters.
Divorce is very serious. A poorly done divorce or one done out of haste or "to just get it over with" can cause serious consequences. I have seen it many times. An ambiguous final marital agreement can cause a lot more financial and emotional loss then a properly done one. Even if the parties can agree on everything, qualified Florida Divorce Attorneys should still review and complete the divorce.
If you are looking for an experienced Florida Divorce Attorney, please contact my office to schedule an appointment.