In Florida, you do not need to have been separated for any amount of time to file for divorce. All that is required is for one spouse to have been a Florida resident for at least six months.
The actual divorce begins with the preparation and filing of the petition for the dissolution of the marriage. The spouse will file it with the court and serve the papers on the other spouse. Hopefully, the filing spouse has consulted with an experienced divorce attorney to prepare for the legal process. The spouse who received the divorce papers will have the opportunity to answer the divorce filing with a response of their own.
In some cases, you would have negotiated and signed a divorce agreement with the other spouse before you begin the actual legal case. Then, you would file the agreement with the court when you begin the actual divorce. The judge would approve the agreement and grant the divorce.
If there are any issues in contention, the filing of the petition will begin the legal process. The two spouses would then begin the discovery process, where they can obtain information that is in the other spouse’s possession. The two spouses can begin or continue to negotiate issues that are in dispute as the case proceeds toward a hearing. An actual divorce trial is very rare, as most spouses will realize that litigation is expensive and difficult, and they decide to reach an agreement. Hiring an attorney can actually lessen the chances of litigation because your lawyer can help you negotiate.
The attorneys at Naples & Spence work with clients in the St. John’s County area, helping them with difficult family law issues. To speak with an attorney, you can send us a message online or call us today at 904.657.7117.
