FAQs About Divorce in Florida
The very thought of divorce is very daunting. Not only will you feel a wide range of emotions, but there are also many legal matters that must be resolved. During this time you will likely have many questions about the procedure, your rights, and what to expect. Below, our Orlando divorce lawyer answers some of the questions we most frequently hear.
How Long Does Divorce Take?
No one can determine exactly how long your case will take as every divorce is unique. If you and your spouse can agree to all the different terms of divorce, you can obtain an uncontested divorce in approximately four weeks. If your case is contested, meaning you and your spouse do not agree to all terms, the court will need to intervene. These cases take much longer. A contested divorce can take anywhere from six months to one year or longer.
What is the First Step in Divorce?
The first step in divorce occurs when one spouse files the Petition for Dissolution of Marriage with the appropriate court. The petition includes the grounds for divorce and what the spouse will ask for during divorce, such as alimony or parenting time. After the petition is filed with the court, the petition and other paperwork must then be served to the other spouse. Once the paperwork is served, the recipient spouse has 20 days to respond to the complaint.
What if I Cannot Afford a Divorce Lawyer?
Individuals with low incomes often qualify for free representation from Legal Aid. Additionally, if your spouse earns a much higher income, you can ask the court to order your spouse to pay your legal fees. You must include this request within your petition or response to the divorce papers.
Is Divorce Mediation Helpful?
Divorce mediation is an alternative to litigation and it can be very useful. During mediation, you and your spouse will meet with a third party mediator. The mediator does not provide legal advice or make any final decisions. Instead, they only foster communication and compromise between you and your spouse to help you reach an agreement. In Florida, the courts generally require couples to attempt mediation before going to a divorce trial.
What is the Residency Requirement in Divorce?
To get a divorce in Florida, either you or your spouse must have lived in the state for at least six months. The initial divorce petition must also be filed with the court in the county where one of you lives.
Our Divorce Lawyer in Orlando Can Answer Your Questions
When getting a divorce, you will have many questions, particularly if you have not been through the process before. At Anderson & Ferrin, P.A., our Orlando divorce lawyer can provide the legal answers you need and guide you through the process to ensure your rights are upheld and you receive the fair settlement you are entitled to. Call us today at 407-412-7041 or contact us online to request a consultation and to learn more about how we can help.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
