DIVORCE IN FLORIDA
Tampa divorce lawyer Kevin A. Fuller represents clients in all family law matters. Filing for divorce in Florida begins with the drafting and filing of a Petition For Dissolution Of Marriage. As Florida is a “no-fault” divorce state, it is unnecessary to prove grounds for your divorce. In some jurisdictions, you must prove the grounds for a divorce, such as adultery or abuse. This is not the case in Florida. Your marriage must be irretrievably broken or your spouse is incompetent. Your Petition must include the things you want. Alimony, equitable distribution of assets and debts, and custody and child support are common requests.
Your case will end in one of four ways. It can end with the entry of a Marital Settlement Agreement, entry of a Mediated Settlement Agreement arrived at following mediation, a trial before a judge, or a voluntary dismissal by the parties.
REQUIREMENTS TO FILE FOR DIVORCE
Before you can file for divorce in Florida, you must satisfy the 6-month residency requirement. In other words, you must be a Florida resident for at least 6 months prior to filing for divorce. You can satisfy this requirement by showing the judge a valid Florida Driver’s License with an issuance date beyond 6 months or an affidavit from a neighbor indicating they know you and that you have resided in Florida for 6 months prior to filing. Once the 6-month residency requirement is met, the Florida courts will have jurisdiction to hear your case and resolve your marital issues.
THE DIVORCE PROCESS
As mentioned above, the divorce process begins with the drafting and filing of a Petition. A process server or deputy sheriff must serve the Petition on your spouse. Upon service, your spouse will have 20 days to file a response to your Petition. The clerk will enter a default if your spouse does not respond within 20 days. If your spouse files a response that includes a counter-petition, you will have 20 days to respond. As you can see, the initial process can take days.
THE DISCOVERY PROCESS
Once the pleadings and responses have been received, the next phase is discovery. Discovery includes filing interrogatories (written questions), requests for production of documents (bank records, credit card statements, etc.), and depositions. Meaningful settlement negotiations begin after receipt of the discovery. At some point, you may need to attend mediation. A judge will not set a non-emergency motion for hearing unless the parties have mediated their issues.
The entry of a Final Judgment Of Dissolution Of Marriage resolves your case. The parties must comply with the Final Judgment.
If you want strong, experienced counsel to represent your interests, please feel free to call or e-mail The Fuller Firm, LLC. Kevin A. Fuller will schedule a free phone or videoconference consultation. After a thorough case analysis, I will answer your questions and advise you regarding the best way to proceed.