Divorce
Types of Divorce
In Florida, the two most common ways to go through a divorce are either uncontested or contested (traditional divorce). Each type of Florida divorce takes a different path, but they all lead to the same outcome—a finalized divorce.
Uncontested Divorce
A divorce is considered uncontested when both parties have come to an agreement on the division of marital and separate property, the allocation of debts, all parenting and timesharing arrangements, and the amounts for child support and/or alimony. In this situation, there are no disputes, and the court does not need to intervene, aside from ratifying the already executed agreements and entering a final judgement dissolving the marriage.
It is important to note that even in an uncontested divorce, the parties are still required to submit a marital settlement agreement, a parenting and timesharing plan, and child support guidelines. A court will not finalize a divorce unless both parties file a financial affidavit, exchange discovery documents, or submit a waiver of discovery. If children are involved, a child support guideline worksheet must be submitted, as child support is determined by statute and is considered a right of the child.
If you or a loved one are thinking about a divorce, call Florida Family Law, PLLC, right now to discuss your options.
Traditional Divorce
In a traditional divorce, one party initiates the process by filing and serving a Petition for Dissolution on the other party. Along with the petition, the filing party typically submits a Financial Affidavit, a Notice of Social Security Number, a Notice of Confidential Information, a Notice of Residency, and, if children are involved, a Uniform Child Custody Jurisdiction and Enforcement Act affidavit.
Once the petition is served, the receiving party has 20 days to respond. If no response is filed, a default judgment may be entered. If a response is filed, both parties have 45 days to exchange discovery documents. These documents may include Financial Affidavits, tax returns, pay stubs or proof of income, deeds, promissory notes, copies of current leases, recent bank statements, brokerage account statements, retirement account statements, life insurance policy certificates, health and dental insurance cards, credit card statements, and any other records of debt.
Following the discovery phase, the parties will attend mediation. If an agreement is not reached during mediation, the case will proceed to a final hearing in court.
If you or a loved one are have been served with divorce papers or are looking to file for divorce, call Florida Family Law, PLLC, right now to discuss your options.