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Steps in a Divorce Case

The one message that we can always give about a divorce case is that it takes time. Theoretically, the waiting period for a divorce is 20 days from the time that you filed the petition. In reality, the divorce process can take far longer, as there are many things that must happen before the court can grant the final order.

The divorce case begins when one party files a divorce petition in court. They may have fault grounds, or they may file a no-fault divorce case (as is your legal right in Florida). The other side will have the chance to file an answer to the complaint. The parties would need to resolve the other issues that go along with the divorce. They must either settle the following issues, or the court will eventually rule for them:

  • Property division
  • Alimony
  • Child custody
  • Child support

If the parties do not agree on these issues, the case may move forward. The two parties will have a chance to conduct discovery, where they get to obtain information in the other side’s possession. In the event that there are crucial issues that cannot wait until a trial, the judge may hold a limited hearing in the meantime to enter an interim order.

If there is no settlement, the court will hold a hearing, where each side will get to present witnesses and evidence. Most divorce cases will settle without the need for a trial. The two spouses will sign a marital settlement agreement that will be filed with the court. The judge will review the agreement, and it will become part of the court order.

Contact a St. John’s County Family Law Attorney

The attorneys at Naples & Spence can help you through the divorce process, giving you trusted advice and representing your position. To speak with an attorney, you can send us a message online or call us at (904) 657-7117.