Divorce 101 #tampadivorcelawyer
LaFrance Law – Divorce 101
This is LaFrance Law’s Divorce 101 blog. An action for divorce is commenced by filing a Petition For Dissolution of Marriage with the court clerk. The Petition will include statements to verify Florida has jurisdiction to dissolve the marriage and state the grounds for the divorce (typically, the marriage is irretrievably broken). It will also include various requests for relief depending upon their applicability, such as requests that the court determine the issues relating to the children, including time-sharing and child support, determine marital and non-marital assets and debts, divide the marital assets and debts and possibly request alimony or spousal support.
In addition to the Petition, other initial documents must be prepared and filed, including, if children are involved, a Uniform Child Custody Jurisdiction and Enforcement Act affidavit that verifies the Florida court has jurisdiction to decide the issues that relate to the children.
Once the Petition is served, the responding spouse has twenty days to file an Answer to the Petition. The Answer will admit or deny the allegations set forth in the Petition. Typically, the responding spouse will also file a Counter-Petition For Dissolution of Marriage, in which that spouse will set forth the relief they are asking from the court.
Both parties have forty-five days from the date the Petition is served to complete Mandatory Financial Disclosure. This will include the completion of a financial affidavit. The affidavit will set forth that party’s income, monthly expenses, assets and debts. In addition to the financial affidavit, the parties will exchange other financial information, including tax returns, pay stubs, bank account records, retirement and investment account records and records documenting debt.
In some counties, including Hillsborough County, the parties will attend a case management conference with the Judge assigned to their case. The parties, through their attorneys, will report the status of the case, including discovery and the completion of mediation.
Once financial disclosure is complete, the parties will attend mediation with their respective attorneys. In some instances, mediation will take place with a court provided mediator and in others the parties will utilize the services of a private mediator. If the parties are successful at resolving all issues at mediation and execute a Marital Settlement Agreement and Parenting Plan, if children are involved, then the case proceeds to an uncontested final hearing. At that hearing, the court will dissolve the parties’ marriage and execute a Final Judgment of Dissolution of Marriage.
If there are children involved, before the court can sign the Final Judgment, both parties must complete a court approved 4-hour Parent Education and Family Stabilization Course. The purpose of the course is to help parents deal with the impact of the divorce upon their children.
If mediation or further efforts at resolving the issues are not successful, the parties will submit the issues to the assigned Judge who will then make a determination after considering the evidence, including the testimony of the parties, at a contested final hearing.
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