The Divorce Process

Gainesville Attorneys serving
Lake City & Ocala

Divorce in Florida is called dissolution of marriage.

The goal of the legal process of divorce is to end the marriage and decide such issues as child custody, visitation, child support, alimony (sometimes called spousal support), property and debt division and attorney's fees and costs.

A dissolution of marriage judgment can be entered based upon an agreement between the parties or ordered by a judge after a trial. An agreement is usually less traumatic for you and your children and less expensive than a trial. Mediation is generally required before the court will hold a trial.
Most divorce cases are resolved without a trial.

Divorce Proceedings

The basic steps in the divorce process are:

The Petition

A dissolution of marriage action begins with the petition. This document notifies the court and your spouse, that you want the court to end your marriage. It also sets forth what you are asking for, such as child custody, child visitation, child support, spousal support, property division, possession of the marital residence, attorney's fees and costs. Service of the petition on you spouse must be by sheriff or a process server.

The Response

After a Petition is served, the other spouse must file their response. In Florida, if you are served with a Petition, you must file your opposing papers within 20 days or you will lose your right to present your side of the case to the court, and the court might give your spouse everything asked for in the Petition.

Temporary Orders

Temporary orders set the rules while the case is pending. Either party can ask the court to make temporary orders stating, for example, who stays in the house, who is responsible for the children, who pays which bills and restraining inappropriate conduct. It is in both spouses’ best interest to agree upon reasonable arrangements while the case is pending rather than incur additional legal fees and add to bad feelings by having to go to court for temporary orders. In some counties in Florida, temporary orders automatically go into effect when a divorce proceeding is filed. Generally these automatic orders are entered to prevent parties from depleting the marital estate.

Discovery

Each spouse is entitled to information from the other about the case. The legal procedures for obtaining that information are called “discovery.” Discovery may be a simple, speedy process or one consuming a great deal of time, energy and money. In Florida, parties are required to complete and file financial affidavits. In addition, there are several other discovery procedures, sometimes referred to as discovery devices. A list of questions known as interrogatories, requiring a formal written answer to each question, may be sent. By a “request for production” one spouse may obtain documents from the other. In a “deposition,” or interview before trial, the spouses and other persons, including experts, may be required to answer questions under oath in a lawyer’s office while a court reporter takes down what is said and then prepares a transcript. If your deposition is to be taken, there will be advance notice and your lawyer will discuss the procedure with you.

Discovery may be conducted informally. It is often more efficient and less expensive for lawyers informally to exchange documents and information than to send and respond to interrogatories and requests for production and to take depositions.

Negotiated Settlement

Most lawyers and judges agree that it is better to resolve a case by agreement than to have a trial in which a judge decides the outcome. Also, people who have been through a divorce value the privacy and control that a negotiated agreement gives them. People are more likely to obey a judgment which is based on their agreement than one which has been imposed on them by a judge. Voluntary compliance is important because enforcement procedures available from the court are usually expensive and sometimes inadequate. For these reasons, following discovery—and at any time, even during trial—the spouses and their lawyers should try to negotiate a settlement.

Because of the limited number of judges available to hear trials, most courts require the parties and their lawyers to attend a settlement conference in which a judge. However, before the settlement conference parties are required to attend mediation. This is where a neutral person, who is certified to conduct mediation, tries to bring about a settlement. If mediation is not successful, the parties attend a settlement conference before a judge. This conference can be helpful and often results in settlement because it is very persuasive to hear from a judge how the judge would likely rule if the case went to trial.

Although your lawyer may recommend that you accept or reject a particular settlement proposal, the decision to settle or not to settle is yours. Your lawyer cannot and will not make that decision for you.

If a case is settled by agreement, the spouse who initially filed must attend an uncontested hearing. There are legal procedures that have to be followed to turn your agreement into a judgment and end your marriage. Your lawyer will see to completing this part of the process.

Trial

If you and your spouse cannot settle your case, it will go to trial. At trial you each tell your story to the judge. It is told through your testimony, the testimony of other witnesses, and documents called exhibits.

Trial is likely to be expensive and unpleasant. However, it can be the only alternative to never-ending unreasonable settlement demands. Still, trials are risky. No lawyer can predict the outcome of a trial because every case is different.  A judge, a stranger—possibly with a viewpoint, temperament and values very different from yours—tells you and your spouse how to reorder your lives, divides your incomes and assets, and dictates when each of you may see your children.

Sometimes, a trial does not end the case. Each party may, within a limited period of time, appeal to a higher court. An appeal adds more time and expense to the divorce process and is hard to win.

Alternative Dispute Resolution

There are other methods of resolving your case. These methods are called alternative dispute resolution and include mediation and arbitration.

Mediation

In Florida mediation is generally required if parties can not reach an agreement early on. Here, the parties meet with an impartial certified mediator who has special training and qualifications. The purpose of mediation is to help the parties reach an agreement. It is important to have independent representation throughout the mediation process and during mediation. Mediators do not give legal advice. The parties should consult with their own lawyers about mediation and the legal ramifications of any proposed agreement.

Arbitration

The spouses may agree to submit some or all of their disputes to an arbitrator, who is a person chosen to decide the issues that the parties present. An arbitrator should have special training and qualifications. The arbitrator’s decision can be made into a court judgment. Although traditionally the decision of an arbitrator is binding and final, some variations have emerged in recent years. However, in Florida arbitration is not often used. Your attorney can discuss with you whether arbitration is advisable.

Your Conduct

Here are some good rules to follow during divorce:

• Do try to maintain good communication with your spouse and children.
• Do talk to your lawyer before agreeing to a settlement.
• Don't physically or verbally abuse your spouse or children.
• Don't say anything to others that you wouldn't want your spouse or the judge to hear.
• Don't go on a spending spree. Excessive spending on yourself or others may harm your case.
• Don't throw away financial records or other possible evidence.
• Don't try to hide evidence or assets.
• Do keep your perspective and try to be rational.

Divorce is stressful, but not the end of the world. How you or your spouse feels during your divorce can change dramatically as the case progresses. It’s normal to go through stages of denial, anger, guilt, depression and acceptance on the way to a resolution.

If you live in the Gainesville, Lake City, or Ocala, Florida area and need advice about a divorce proceeding, please do not hesitate to contact us today using our private online form. our Gainesville divorce attorney is here to guide you with the legal resources you need.