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What to Expect When Divorcing in the Orlando, Florida Area

You are going to file for divorce, or your spouse is going to file for divorce in the Orlando, Florida area. What should you expect will happen? First, you must look at the options for which type of divorce you choose to pursue. Do you and your spouse want to go to Mediation, proceed on the case under the Collaborative Divorce Process, or do you want to file a Petition for Dissolution of Marriage and proceed in the court system? 

The option you choose will determine how the process will go. Secondly, no matter how you proceed you will need to file a financial affidavit, a parenting plan, and if you have minor children, you will be required to take a parenting course. 

How to Start the Process

In all the above scenarios, you will need to exchange financial information with the other party. At a minimum, you each must fill out a financial affidavit. If you make less than $50,000.00 in a year, then you fill out a short form financial affidavit. If you make $50,000.00 or more per year, then you fill out a long form financial affidavit. Most people exchange Mandatory Disclosure pursuant to Florida Family Law Rule 12.285. That way, you have backup documentation of what your spouse lists under salary, assets, and debts on the financial affidavit. 

Divorce Through Mediation

You can proceed to Mediation without hiring an attorney. However, if you feel you need someone to assist and guide you in the process, then you may hire an attorney. During the initial consultation, the attorney will discuss your options of how you can choose to proceed on your case, either by the collaborative process or the court process. The attorney will discuss how Mediation comes into play in the Collaborative process and the litigation court process. 

The Collaborative Process

Before you choose the collaborative process, the attorney will advise you that if the collaborative process is not working, you can attend a Collaborative Divorce Mediation. Further, they will advise you that if for some reason, the collaborative process does not work, that you cannot use your collaborative attorney for litigation. They will explain to you that in the collaborative process that each participant has an attorney and that there is a financial neutral party and a mental health neutral party that are involved in the collaborative process; and the attorney will explain the neutrals roles in the process. 

Going to Court

The attorney will explain to you that if you proceed by court process that the Petitioner will file a Petition for Dissolution of Marriage that must be served on your spouse. The attorney will tell you that your spouse and the Respondent will file an Answer and Counter-petition, then you will file an Answer to Counter-petition. The attorney will tell you that you then will exchange mandatory disclosure within 45 days of when your spouse was served with the Petition for Dissolution of Marriage. 

The attorney will then tell you that you can try to negotiate a Marital Settlement going back and forth negotiating; or you can set the case through Mediation to resolve the matter; and if you do not settle the case at Mediation, then you go to trial. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client privilege.