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Defending Your Rights

In Florida, divorce, legally termed "dissolution of marriage," follows a legal process that involves several steps.

Filing the Petition: The divorce process begins with one spouse filing a Petition for Dissolution of Marriage in the circuit court in the county where either spouse resides. The petition sets forth the grounds for the divorce. Florida is a "no-fault" state. No-fault grounds typically involve stating that the marriage is irretrievably broken.

Service of Process: After filing the petition, the other spouse (the respondent) must be served with a copy of the petition and related documents. Service can be done through personal service by a sheriff or process server, or by mail with acknowledgment of receipt.

Response and Counterpetition: The respondent has a specified time (usually 20 days) to file a response to the petition. In some cases, the respondent may also file a counterpetition, which outlines their own requests for issues like division of assets, alimony, or child custody.

Discovery: Both spouses exchange financial information and other relevant documents through a process called discovery. This may include documents such as tax returns, bank statements, and property deeds.
Negotiation/Settlement: Spouses and their attorneys may engage in negotiations to reach agreements on issues like property division, alimony, child custody, and child support. Settlement agreements can streamline the divorce process and avoid the need for a trial.

Mediation: In many Florida counties, divorcing couples are required to attend mediation before proceeding to trial. Mediation is a process where a neutral third party helps spouses reach agreements on contested issues. If successful, the mediated agreements can be incorporated into the final divorce decree.
Trial: If spouses are unable to reach agreements on all issues, the case may proceed to trial, where a judge will hear evidence and make decisions on contested issues such as property division, alimony, and child custody.

Final Judgment: Once all issues are resolved, either through settlement or trial, the court will issue a final judgment of dissolution of marriage. This judgment officially terminates the marriage and outlines the terms of the divorce, including any agreements reached by the parties or decisions made by the court.
Post-Judgment Matters: After the divorce is finalized, spouses must comply with the terms of the final judgment. This may involve transferring property, paying alimony or child support, and adhering to custody and visitation arrangements. If circumstances change, either party may seek modifications to the final judgment.

Hiring a lawyer is an important decision. You should have someone on your side that understands your needs, keeps you informed at every step of the process and strives to achieve excellent results. Call us at 904-518-7632 to schedule a consultation.

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Divorce

In Florida, divorce, legally termed "dissolution of marriage," follows a legal process that involves several steps.

Abogado a cargo

Mercedes Blason-Aguilar

Mercedes Blason-Aguilar

Abogado en la ley

La abogada de derecho familiar Mercedes Blasón-Aguilar es una profesional legal compasiva y dedicada que se especializa en ayudar a personas y familias a navegar las complejidades de los asuntos legales relacionados con la familia. Con un profundo conocimiento de la naturaleza delicada de las cuestiones de derecho de familia, Mercedes brinda a sus clientes no solo orientación legal sino también apoyo empático durante lo que a menudo pueden ser momentos emocionalmente desafiantes.

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Divorce

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