Going through a divorce is never an easy process. The mental stress of it alone already makes it difficult, but understanding how the process itself works doesn’t have to be. The process of a divorce can be broken down into a number of steps in order to make it easier to digest. In this article, we will answer nearly all the questions you may have about the divorce process in order to help you better understand it.

 In the state of Florida, you can file for two types of divorce (dissolution of marriage). A simplified dissolution of marriage is the easier of the two and is for spouses who do not have any minor children, property/asset disputes. At least one has lived in Florida for six months, and one is pregnant. A regular dissolution of marriage is essentially for spouses who fall under any other category than the ones described for a simplified dissolution. Depending on the type of divorce you are getting, the paperwork will be different; however, the process mostly remains the same.

Step 1: Filing the Divorce Petition

The first step in the divorce process is filing the divorce petition. Regardless of whether both spouses agree to the divorce, one spouse must file a legal petition requesting that the court end the marriage. You must include the following information in the petition:

• A statement telling the court that at least one spouse meets the residency requirements for a divorce.
• A legal reason for why you are getting a divorce. Note: Even though Florida is a no-fault state, you must still include a legal reason for why the divorce is taking place.

Step 2: Requesting Temporary Court Orders

When it comes to a divorce, it may not be possible for you to simply wait months for a judge to make a decision on the case. The court understood this, and, as a result, you are able to request temporary orders. This can be done to assist you if you are, for example, a stay-at-home parent that depends on your spouse’s support. The judge will usually answer the request for temporary orders as quickly as possible. The temporary orders should remain in effect until the divorce is finalized or until the court says otherwise.

Step 3: Serving Your Spouse

The third step in the process of a divorce is serving your spouse with a copy of the paperwork. You must also file proof that you served it to them with the court. This process can be difficult if your spouse tries to complicate the process in any way. It may be necessary that you hire a process server who is familiar with the process of serving legal documents.

After your spouse receives the paperwork, they are required to provide a response to it. They must provide this response by filing with the court within twenty days of being served. This response will often include a counter-petition, which will include what they agree or disagree with in your petition. If their response does include a counter-petition, you must also respond to it within twenty days. Failure by either party to respond to a petition may cause a default judgement against them. This is a difficult judgement to reverse and, as such, should be avoided as much as possible.

Step 4: Mediation

If both spouses don’t agree on something such as child support or property division, they must negotiate the terms of the divorce. This is referred to as Mediation. Mediation is important, as it will decide whether you will go to court. In the state of Florida, mediation is mostly mandatory; however, there are some cases where mediation will not be necessary. If you are a victim of domestic violence, for example, mediation will likely not be required. Mediation is a great way for both spouses to save time and money during the divorce process. It can also serve as a way to relieve some stress from the already difficult process.

Step 5: Creating a Parenting Plan

If you and your spouse have minor children, it is necessary for you to create a parenting plan. A parenting plan is something that can and should be negotiated during mediation. The court must agree on the parenting plan that is proposed. They will consider a number of factors before agreeing on it. As a result, there are some things that are required to be included in a parenting plan. Here is a list of some of those necessary details to include in a parenting plan:

• How both parents plan to share tasks necessary for raising children.
• A time-sharing schedule.
• Who will fill out legal forms such as those for health care, school, and other activities that require a parent’s signature.
• How do both parents plan to communicate with their children.

If you are in the state of Florida, in addition to the parenting plan, both spouses must attend a parenting class. This must be done before the court can complete the divorce. Your local clerk of court can give you more information on where you and your spouse can attend a parenting class.

Step 6: Going to Court

In the event that the two parties are unable to come to an agreement on anything in the divorce, such as child custody or property division, it will be necessary for them to go to trial. The two parties will go before a judge who will make a final decision on the divorce. Your divorce attorney will represent you and your interests to the judge. They will be able to express any concerns you may have about the terms of the divorce. This step should be avoided, if possible, as it will not only be stressful, but it can also be fairly expensive. In addition to the fees you will already have to pay your lawyer, you will be adding on to them with court fees. While there are situations where it is necessary to go to court in order to have a decision made fairly, it can be beneficial to both parties to avoid it.

Step 7: Finalizing the Judgement

The final step in the divorce process is for the divorce to be finalized. If you go to court and stand before a judge, it will be the judge who finalizes the judgement on the divorce. The judge will complete the order of dissolution, which is often referred to as the final judgement. If you believe that the final decision made by the judge was unfair, you have the ability to file an appeal in order to have a new hearing.

If you and your spouse were able to reach a decision through mediation, the process of finalizing the divorce would be a bit different. Because you did not go to court, the judge will not be the one to finalize the divorce. Since both spouses were able to agree, they will be the ones to sign the paperwork that finalizes the divorce. In the state of Florida, it is typical for the attorney who files the petition to have both parties sign the paperwork that finalizes the divorce. After this, the divorce will be complete, and any decisions made during it will be final.

Summary

 In summary, we learned about the overall process of a divorce and how it works. We mainly looked at how the process of divorce works in Florida. However, most of this information applies to other states as well. We learned how in Florida, there are two types of divorce: a simplified dissolution of marriage, and a regular dissolution of marriage. Financially, it is more beneficial to have a simplified dissolution of marriage, but it is not always possible for this to be done depending on you and your spouse’s status.  Finally, we looked at the various processes that lead up to the finalization of the divorce and whether it will be necessary for you to go to court. We hope you were able to learn as much as possible from this information and that any questions you may have had about the divorce process are now answered. Divorce is never an easy thing to go through, so hopefully, now that you understand the process more, you will be better equipped to make the best decisions possible.