How to File for Divorce in Orlando

Divorce is a very emotional experience and it is natural to feel overwhelmed. Knowing the legal requirements for divorce in Florida and the steps you will have to take can help relieve some of the stress and make the process easier. Whether you and your spouse agree to an uncontested divorce, or you are preparing for a contentious divorce, the steps below can help you navigate the process.

Requirements for Divorce in Florida 

It is easy to assume that if you are unhappy in your marriage, you can get a divorce. While this is somewhat true, there are some requirements you must first meet. One of these is the residency requirement. Under the law, at least one spouse must have lived in Florida for at least six months before the divorce petition is filed.

To file divorce, you must also establish the grounds for dissolving your marriage. In Florida, there are only two grounds for divorce. The most common ground for divorce is citing irreconcilable differences. When claiming irreconcilable differences, you must only show that the marital relationship has broken down and there is no change of reconciliation. The only other ground for divorce in Florida is the mental incapacity of the other spouse.

The Steps in a Florida Divorce 

There are many steps involved in the divorce process in Florida. These are as follows:

• File the petition: To start the divorce process, one spouse must file the petition in the county in which they live. The petition includes details of the marriage, the grounds for divorce, and the filing spouse’s requests regarding child custody, property division, and alimony.
• Serving the petition: The party who filed for divorce must serve the other spouse with the petition. You cannot deliver the petition yourself. Service must be done by a private process server, the sheriff, or a sheriff’s deputy.
• Response to the petition: After a spouse is served with a divorce petition, they have 20 days to respond. Within their response they can agree or disagree with the terms in the petition and outline their own requests.
• Temporary orders: During divorce proceedings, there may be decisions and arrangements that need to be made immediately. A judge can issue temporary orders, such as those for time-sharing or alimony, to temporarily resolve these orders. When your case is being finalized, a judge will either change these to permanent orders or issue new ones.
• Discovery: Discovery is a process during which each side exchanges information with the other regarding the case. Discovery includes interrogatories, depositions, and requests for documents.
• Settlement negotiations: Throughout the process, the attorneys for each side will negotiate to try and reach a settlement out of court.
• Trial: When a fair settlement cannot be reached, the two sides will go to trial and let a judge resolve all of the terms. Divorce trials are not usually necessary, as most cases are resolved in a settlement.
• Finalizing the case: After all terms have been resolved, a judge will issue final orders that are legally binding.

Our Divorce Lawyer in Orlando Can Help You Through the Process

 At Anderson & Ferrin, P.A., our Orlando divorce lawyer can help you through the process and ensure you are fully prepared for every step along the way. Call us today at 407-412-7041 or contact us online to schedule a consultation and to learn how we can help you obtain the most favorable outcome in your case.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html