Considering ending your marriage is a challenging decision. You don’t have to face it alone. This guide will walk you through the typical divorce procedure, step-by-step, to help you understand the legal process.
Step 1: Filing the Divorce Petition
The decision to end a marriage is difficult, but once made, filing the divorce petition officially starts the legal process. This is a critical step that you, the petitioner, can take independently of your spouse. The petition is a legal document submitted to your local court requesting the dissolution of your marriage. Speaking to divorce attorney Samah T. Abukhodeir of The Florida Probate & Family Law Firm can help. Here is what this document entails:
- Confirmation of at least one of the spouses meeting Florida’s residency requirements for divorce (residing in the state for a minimum of three to twelve months and in the county for a minimum of ten days to six months)
- The basis of the divorce: It depends on the type of divorce and whether there is no fault or fault. Typical reasons include infertility, abandonment, emotional and physical abuse, mental illnesses, fault-based divorces, and incompatibility or irreconcilable differences for no-fault divorces.
Step 2: Serve Your Soon-to-Be Ex-Spouse
The next step involves serving your spouse with a copy of the divorce petition. If they are amenable to your decision, this process will likely be straightforward, as they will sign the acknowledgment of service.
However, there are situations where your spouse may not be receptive to the divorce and may choose not to sign it. In such cases, it is best to hire licensed professionals who are experienced in delivering these documents.
Step 3: Request Temporary Court Orders If Necessary
The divorce litigation process can take months, which can be prolonged if you depend on your spouse for financial support. In such circumstances, you can consult with an attorney to explore options for requesting temporary support from the court.
The judge will schedule a hearing to hear arguments from both parties. The courts will then rule on the matter until the divorce is finalized.
Step 4: File Proof of Service
If you file for temporary court orders, you must also file for proof of service.
A judge will not proceed with your matter without proof of service. It is a document informing the court that you served your soon-to-be ex-spouse with a copy of the divorce petition.
Step 5: Meditation
With the guidance of a mediator, jointly selected or court-assigned, you and your ex will work out a parenting plan and divide debts and assets.
The mediator is a highly skilled family and child custody lawyer who has helped many others settle divorce matters.
It is important to note that mediation is preferred because it is cheaper and faster. Also, it allows for impossible custom arrangements to be achieved through litigation.
However, if you cannot come to a resolution on your own, the case proceeds to court.
Step 6: Trial
The case is heard before a judge or, in some cases, a jury. Both sides present their arguments, complete with witnesses and attorney representation. After hearing the case, the judge decides on the matter.
The trial route can be expensive and time-consuming. This is why it’s advised to explore alternative options before proceeding to court.
Step 7: Judgment
Whether you resolve your separation via mediation or litigation, the entire process is designated complete when the judge signs the judgment of divorce. This document details the specifics of child custody, child and spousal support, and the division of assets and debts.
Conclusion
While most divorces follow the steps outlined above, it is still important to note that no two are the same. Your nature and course will depend on the jurisdiction, its grounds, whether kids are involved, and the parents’ relationships with the kids and each other.
In any case, you should work with a knowledgeable divorce attorney. They will guide you through this emotionally charged time, ensuring you make decisions based on what is best for you and the children, and not your resentment for your ex.
