The process of divorce can be a bit complex. The legal procedures, mixed with emotional and financial strains, can be stressful. However, understanding the requirements for obtaining a divorce and the process of obtaining it will help to better manage and prepare for the same.
Although people believe they can handle the process on their own, it is advisable to hire a divorce lawyer so they know their rights and get a fair deal out of the divorce.
This blog serves as a step-by-step guide to the divorce procedure, ensuring people know what to expect.
Filing the Petition for Divorce
The first step of getting a divorce is filing a divorce petition. The spouse who initiates the divorce is called the petitioner, who is required to procure and fill out the petition. The document may require the petitioner to state their terms and grounds of divorce, such as adultery, abandonment, etc.
As a no-fault state, Florida does not require the grounds of divorce to be such reasons. The state allows couples to dissolve their marriage by stating that they have irreconcilable differences.
Once the petitioner has filed the petition in court, a copy of the same is sent to their spouse (respondent), who is required to submit a formal response to the same.
Financial Disclosures and Negotiations
As the process of divorce involves splitting the spouses’ assets, both parties are required to disclose their financial records. Disclosing financial records helps both parties better understand each other’s income, debts, assets, and expenses, ensuring a fair division of property, child support, and alimony. Both parties can negotiate for their requirements; for example, suppose a couple is negotiating custody terms; one party might negotiate that they want their kids to be with them during Thanksgiving while offering the other custody during Christmas.
Suppose both parties agree on most matters, such as matters involving custody, support, and assets, then they might be able to avoid a lengthy trial. In case there are many disagreements, they will be required to go for mediation before going to court.
Mediation and Settlement Attempts
Under Florida’s state laws, mediation is a mandatory step. Mediation is when both parties meet a neutral mediator who is trained to handle such matters. They aim to resolve the conflicting issues between the spouses.
They attempt to get both parties to reach an agreement on the issues they have not resolved yet, but it is crucial to establish before the divorce. Though mediators do not make decisions on behalf of the involved parties, they serve as facilitators to help those involved work things out. If the parties do come to an agreement, the mediators will draft a divorce settlement agreement; if not, the case then goes to court.
Court Hearings and Divorce Trial
If the spouses cannot come to an agreement on their own, the court makes a decision for them. However, the court does not come to a decision without giving both parties a fair chance to state their arguments. The court can help the parties settle complications regarding issues such as property division, child custody, alimony, etc.
Though court proceedings can be time-consuming, it is important to ensure that the court hears the arguments of both sides and weighs the facts before coming to a decision. The judge then passes the divorce decree, also known as a final judgment of dissolution of marriage.
Finalizing the Divorce
Once the judge signs the divorce decree, the divorce is final. The decree will outline the terms of ending the marriage, covering aspects such as property division, child custody, and financial obligations. Suppose either one of the parties is not satisfied with the current ruling, they may file an appeal with a higher court, requesting to revisit the same.
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