What to Expect During a Florida Divorce
A Florida divorce follows a defined sequence: filing, service, financial disclosure, any temporary relief, mediation, and either settlement or trial. The same stages apply to most cases; what varies is the time each takes and whether the parties reach agreement. A Tampa contested divorce lawyer can guide you through the disputed stages, and the sections below describe each step.
Filing the Petition
The process begins when one spouse files a petition for dissolution of marriage in the circuit court. At least one spouse must have lived in Florida for the six months before filing, a requirement set by section 61.021 of the Florida Statutes. Florida is a no-fault state, so the petition only needs to state that the marriage is irretrievably broken. The page on grounds for divorce explains that standard in more detail.
Service and Response
After filing, the other spouse is formally served with the petition and has 20 days to file a response. The responding spouse may agree with the petition or file a counterpetition that raises additional requests. The way the other party responds often signals whether the case will be contested or uncontested.
Financial Disclosure
Both spouses must exchange financial information through mandatory disclosure, including a financial affidavit and supporting documents. This step gives the court and both parties an accurate view of income, assets, and debts, and it forms the basis for decisions about support and property.
Temporary Relief
When matters cannot wait for the final judgment, either spouse may ask the court for temporary relief. A judge can set temporary support, a temporary time-sharing schedule, or the use of the marital home while the case is pending.
Mediation, Settlement, or Trial
Most Florida courts require mediation before a contested case proceeds to trial. If the parties reach agreement, they sign a marital settlement agreement, and the case proceeds as uncontested. If they cannot agree, the judge hears evidence at trial and decides the open issues. A Clearwater divorce lawyer can prepare your case for either outcome.
Final Judgment
The case ends when the judge signs the final judgment of dissolution of marriage, which incorporates the settlement agreement or the court’s rulings. The page on how long a divorce takes explains what influences the overall timeline.
The McKinney Law Group guides clients through every stage of a Florida divorce, from the initial petition to the final judgment. Consult a St. Petersburg family lawyer and contact our office to schedule a consultation regarding your situation.