You or your spouse are going to file for divorce in the Orlando, Florida area, but you’re not sure how to go about it. You also don’t know what to expect from the process. Here is a guide to divorce in Florida:
Decide on the Type of Divorce
The first step is simple: look at the options to decide which type of divorce to pursue. You and your spouse may be able to complete the divorce process with a Mediation, a simple process where a third party helps you quickly separate. You may consider the Collaborative Divorce Process, which involves more third parties and allows you to avoid litigation. Perhaps your case is more complex or contentious, and 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. However, some steps cannot be avoided. No matter how you proceed, you will need to take the following steps:
- File a financial affidavit
- Make a parenting plan if you have children
- Take a parenting course if you have minor children
Start with Financial Disclosures
In all the above scenarios, you will need to exchange financial information with the other party. Here’s how that works:
- 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
Mediation is the simplest form of divorce. If you feel confident about handling the process on your own, you can proceed to Mediation without hiring an attorney. You may choose to hire an attorney if you feel you need additional guidance. If you do hire an attorney, the initial consultation will be your chance to discuss options on how to proceed in the case. The attorney will explain how Mediation comes into play in the Collaborative process and the litigation court process.
The Collaborative Divorce Process
Divorcing couples often choose the Collaborative Divorce process if their case is too complex for a simple mediation. An attorney will talk you through the process, advising you that if the collaborative process is not working, you have the option to attend a Collaborative Divorce Mediation. From there, they will advise you that if the collaborative process does not work even after a Collaborative Divorce Mediation, that you cannot use your collaborative attorney for litigation. In the collaborative process, each participant has an attorney, a financial neutral party and a mental health neutral party. The attorney will explain the neutrals’ roles in the process.
Going to Divorce Court
If you proceed by court process, the Petitioner will file a Petition for Dissolution of Marriage that must be served on your spouse. Your spouse and the Respondent will file an Answer and Counter-petition, then you will file an Answer to Counter-petition. You then will exchange mandatory disclosure within 45 days of when your spouse was served with the Petition for Dissolution of Marriage. 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. 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.