In Florida, there are many steps involved in a divorce, also known as a dissolution of marriage. The required steps depend on the type of divorce you are pursuing and whether you have children.
The simplest type of dissolution is the aptly named simplified dissolution of marriage. This type of divorce can be finalized in just about 30 days. A simplified divorce applies when the spouses have no minor children and no marital assets left to divide. This option is available when neither party is seeking spousal support or alimony.
In an uncontested divorce, both spouses agree on all issues, including asset division, custody, and support. In a contested divorce, spouses are not in agreement on every issue. This type of divorce can proceed to trial, and an attorney is needed.
Below is an overview of the Florida divorce process when there are children or the parties do not agree on all issues.
File the Divorce Petition (Petitioner)
The divorce process in Florida begins when one spouse, the petitioner, files a Petition for Dissolution of Marriage. This petition is filed with the local circuit court. In Kissimmee, this is the Domestic Relations department of the Osceola Clerk of the Circuit Court. The court handles dissolution cases and other areas of family law.
This petition outlines the grounds for divorce and requests regarding child custody, support, alimony, or division of marital assets. Here is a petition for simplified dissolution of marriage form. The Clerk’s office will provide the forms for simplified and uncontested dissolution.
The filing fee for a divorce petition starts at $397.50 for a simplified dissolution in Osceola County.
Serve the Other Spouse
Once the petition is filed, the other spouse, known as the respondent, must be officially served with divorce papers. This means the respondent is given a copy of the petition and summons in a way that complies with state law. In Kissimmee, the Judicial Services Section of the Osceola County Sheriff’s Office usually serves civil papers.
You can instead pay a private process server to perform the service. Your divorce attorney may recommend a process server if your spouse cannot be located or is otherwise avoiding being served. Petitioning the court for alternative means of serving notice may also be an option.
Answer the Petition (Respondent)
The respondent, or the spouse who was served the divorce papers, has 20 days from the date of service to file an answer. This response can either agree with the petition’s terms or contest them. The response or answer can be filed using one of several family law forms.
If the respondent does not respond within 20 days, the court may:
- Enter a default judgment of divorce, or
- Schedule a hearing to resolve issues related to property division or children
After an answer is filed with the court, divorce proceedings will begin. If you filed an uncontested divorce, either party can request a final hearing. With a contested divorce, a Notice of Trial may be filed to resolve issues. This may require mediation first, as well as filing any additional paperwork.
Seek Temporary Court Orders (When Applicable)
In some cases, temporary court orders may be necessary to address immediate issues while the divorce is pending and can include:
- Temporary child support
- Temporary spousal support
- Temporary custody arrangements
- Temporary injunctions or protective orders
- Requesting exclusive use of the marital home
- Requesting contributions toward attorneys’ fees from the other spouse
Temporary orders can help maintain stability and fairness during the proceedings. When the judge makes a temporary ruling, it will remain in effect until the final judgment is entered. If both parties reach a new agreement, it can be adopted by the court before the final judgment.
Discovery Process
This phase involves the exchange of financial information and relevant documents. It ensures transparency and helps both parties understand the marital estate fully. Each party is required to file a financial affidavit and provide financial documents.
Depending on the complexity of the marital finances, additional disclosures may be ordered. The court may also use tools like depositions and interrogatories may be needed.
Parenting Classes and Parenting Plan (Dissolution With Minor Children)
A parenting course is required if there are minor children or if a paternity action is involved. The Parent Education and Family Stabilization Course is a four-hour online course. It educates parents on the consequences of divorce on children and parents.
Parents must develop a parenting plan that details:
- Custody arrangements
- Visitation schedules
- Decision-making responsibilities for the children
Establishing this parenting plan and a visitation schedule is crucial to calculate child support. Ideally, the parenting plan should be flexible enough to accommodate the child’s changing needs. It should also be fair to both parents and the child.
Mediation
The court may order mediation to help the parties reach an agreement without going to trial. A neutral third-party mediator facilitates discussions to resolve disputes over issues such as property division, child custody, and support. Successful mediation can save time and reduce legal costs to reach a settlement without court involvement.
Settlement
If both parties agree on all terms, they can reach a settlement. This is then put in writing and submitted to the court for approval. A settlement can significantly expedite the divorce process and allow the couple to avoid a trial.
Trial (If No Settlement)
If a settlement cannot be reached, the case will go to trial. Each party presents evidence which may include documentation and witness testimony and argues their case before a judge. The judge will listen to presented evidence and make a ruling at the end of the trial. The judge’s ruling will resolve issues such as spousal support, custody, and asset distribution.
For most people, a trial is a last resort when there are highly contentious issues and a resolution cannot be reached any other way. Remember that once your case goes before a judge, issues like child custody arrangements will be taken out of your hands.
Final Judgment
After the trial or upon court approval of a settlement, the judge issues a Final Judgment of Dissolution of Marriage. This legally ends the marriage and outlines the terms regarding asset division, custody, support, and any other pertinent matters. This judgment is binding and enforceable by law.
An Experienced Family Law Attorney Can Help With the Florida Divorce Process
The divorce process can be complicated and overwhelming. Understanding what to expect and the general steps required can be helpful as you take the first steps in your divorce proceedings. A family law attorney can help you navigate every step of the Florida divorce process and protect your best interests. Contact our experienced attorneys at Lebron Law, PLLC, today to schedule a consultation to discuss how we can help you at (321) 800-5195.
Visit Our Family & Divorce Law Firm in Kissimmee, FL
Lebron Law, PLLC
15 S Orlando Ave, Kissimmee, FL 34741, United States
(321) 800-5195
