Acting as Strong Legal Advocates During Divorce Cases

Filing for divorce in Florida is a specific legal process with several steps. While there are requirements and milestones common to every divorce, each family’s situation is also unique, and the exact outcome and terms of the divorce may vary. Being aware of how the process of ending a marriage works in Florida can help you better understand what comes next.

If you’re considering a divorce in Palm Beach County, contact our family law firm at (561) 209-0410. At Winthrop Law Offices, we have the experience to handle everything from an uncontested divorce to complex litigation.

What Happens During a Divorce?

Knowing what to expect from the divorce process can take some of the stress and anxiety away and make it easier to focus on what matters most during this time: moving forward. The divorce process is called “dissolution of marriage” in Florida, and what must be a part of this process depends in part on your specific factors and whether you have children. Those with minor children will need to settle matters of child support and child custody, and alimony (also known as spousal support) may be a factor in some cases.

The dissolution of the marriage process officially begins when one party files a petition for dissolution of marriage. Once this petition is received and processed by the court, the other party will be formally served and given a specific amount of time to respond. Once that response is filed, the case generally proceeds to the financial disclosures step. This is where both parties fill out paperwork regarding their financial information. The financial disclosure process is designed to ensure that there are no hidden assets or liabilities that the other spouse is unaware of, and that the court has an accurate record of each party’s income and property for equitable distribution.

Depending on whether the parties are able to agree on the terms of the divorce, including child support and a parenting plan if children are involved, the case will either go before a judge for the final judgment or move forward with a trial. In some cases, the judge may order the parties to attempt mediation before heading to trial to see if they can come to an agreement on any outstanding terms.

Once the judge signs off on the terms, they will provide a Final Judgment of Dissolution of Marriage, which makes the divorce official and frees the parties to move forward with their lives independently.

What Are the Different Divorce Options?

While every divorce ends in the legal dissolution of the marriage, there are a few potential options, depending on how much you and your spouse agree on. These include:

Uncontested Divorce

An uncontested divorce is one in which both parties agree on all of the terms of the divorce before filing. They outline these terms in a marital settlement agreement and submit it to the court. A judge reviews the agreement to ensure that it follows all the applicable Florida laws and then provides an official Final Judgment of Dissolution of Marriage to the parties. An uncontested divorce is generally preferable if it’s feasible because it can result in a faster resolution and can help preserve the coparenting relationship if the parties have children together. It also may be easier if there is a prenuptial agreement or postnuptial agreement in place.

Contested Divorce

If the parties disagree on at least one issue in the divorce, such as property division or parental responsibility, it makes it a contested divorce. This means that the court must intervene and make some decisions because the spouses have different views of what’s fair. Every contested divorce doesn’t have to end in litigation and a trial, though. In some cases, the parties can go through mediation, which is an alternative dispute resolution method, to resolve any remaining disagreements and come to a mutually accepted compromise.

If mediation doesn’t work, the case moves forward to trial. Each side will have a chance to present their case, including evidence and witnesses, and the judge will make the final decision.

 

Are There Specific Requirements to File for Divorce in Florida?

The main requirement to file for a dissolution of marriage in Florida is that at least one spouse must have been a resident of the state for at least six months before filing the petition. While Florida is a no-fault state, meaning you don’t have to have a specific reason (sometimes called “grounds”) for the divorce, at least one party must state that the marriage is “irretrievably broken.” It’s also possible to file for a dissolution of marriage based on mental incapacity if one spouse has been found by a court to be mentally incapacitated for at least three years before the divorce petition, but this is rarely used.

While this may seem like a simple process, several issues must be determined as part of a divorce, and you should always have an attorney representing you during any legal proceedings. A family lawyer in Boca Raton can ensure you understand what it means to end the marriage and what issues you need to be prepared for as you move through the process.

Will You Automatically Get Joint Custody?

Child custody matters in Florida entail the physical time that each parent spends with the child or children, as well as decision-making regarding major decisions affecting the children. Time-sharing is what was traditionally called “custody”, “visitation” or “parenting time,” and parental responsibility involves decision-making only.” So, when someone is asking if they will get “joint custody” of their child, they are usually asking what type of physical time they will spend with their children, and parental responsibility refers only to what type of input, if any, a parent has in decision-making.

In Florida, there is a rebuttable presumption that “equal time-sharing of a minor child is in the best interests of the minor child.” However, this doesn’t mean that it’s guaranteed. Unless the parties have already both agreed to a time-sharing schedule, the law specifically outlines that the “court must evaluate all of the factors and make specific written findings of fact when creating or modifying a time-sharing schedule.” In simpler terms, this means that while the court starts with the idea that equal time-sharing is best for the children, there are still outside factors that can affect that decision.

If having shared parental responsibility and equal time-sharing is essential to you, it’s critical to seek legal counsel early on. Family law matters can be complex and emotionally charged, but experienced attorneys know what to look for to determine if there are factors that could impact parental responsibility and time-sharing and how to develop a legal strategy to support your case.

What Can You Do to Prepare for Divorce Proceedings?

The steps you take to prepare for divorce can influence how long it takes to settle your case and even the outcome. Below are some actions we recommend when going through this process.

Talk to a Divorce Attorney

The single most important thing you can do to prepare for divorce proceedings and protect your rights is to talk with a family law lawyer as early in the process as possible Many people wait until they’re already in the middle of a contentious divorce to get aggressive legal representation, but the sooner you work with an attorney the better your chances are of a fair and equitable settlement.

Be Honest About Your Finances

Always be as complete and accurate as possible when filling out financial disclosures and other paperwork. The court requires honesty, and if the judge believes you purposefully tried to hide assets or lied during the process, it can backfire significantly.

Remember Your End Goal

Ending a marriage is challenging. It’s a time and emotionally intensive process, but keeping the end goal in mind of being able to move forward with your life can help you keep things in perspective.

At Winthrop Law Offices, our Boca Raton divorce attorneys are here to help you navigate the divorce process and be your guide through every step. Get more information on our law firm website, or call (561) 209-0410.