How to File for Divorce
A Summary of Steps for the Florida Divorce Process:
· The Initial Free Consultation. This is the first meeting to get to know Chris. This is a no pressure meeting designed to answer general questions about how to file for divorce and the Florida divorce process.
· Pre-Filing meeting. At the pre-filing meeting we will meet to discuss goals, such as time-sharing plans and equitable distribution of assets, and the steps necessary to move the case through the Court. Chris will also provide worksheets for you to complete to ensure that he has all the information necessary to file the case or file a counter-petition of dissolution of marriage.
· Mandatory Disclosures/Discovery. Chris will work with you to ensure that you properly complete mandatory disclosures required by Florida law, including your financial affidavit. Chris will also discuss your case to determine if any supplemental discovery, such as requests for production of documents and standard family law interrogatories, need to be requested from the other party.
· Temporary Needs Hearing. In some cases a temporary needs hearing is necessary to obtain child support, alimony, attorney fees and temporary use of property while the case is pending. Chris will discuss with you whether a temporary needs hearing is beneficial.
· Mediation. In Northeast Florida, Courts require that the parties attend mediation prior to going to a final trial. The majority of contested cases end in mediation. Mediation is important event that requires preparation.
· Final Trial. In the event the parties are unable to resolve the case in mediation, Chris will work with you to take your case to trial. While the majority of cases resolve prior to trial, Chris is ready to represent clients in trial.
To obtain a divorce in Florida one of the parties must have resided in Florida six month prior to filing of the divorce petition. The parties must also wait at least twenty (20) days from the divorce petition until the entry of the final judgment. In additional to the residency and waiting period requirements, the Court must find the marriage is irretrievably broken, or in rare cases, a spouse lacks mental capacity. Since Florida is a no fault divorce state, the standard to find the marriage is irretrievably broken is pretty low. Generally speaking, if one spouse wants of divorce they will be able to obtain a divorce judgment provided they follow proper procedure.
Call today to get answers to your questions about how to file for divorce, (904) 339-5238.