Blog Post

What Is The Legal Process Of Divorce?

  • By Laura Spencer Coleman
  • 07 Apr, 2017
Legal Process of Divorce
Divorce -- officially known as "dissolution of marriage" -- is a complicated legal process with many steps in the state of Florida. If you're thinking of filing for divorce, educate yourself on the process before you begin.

Filling Out Divorce Forms

Your first step is to fill out a form called a Petition for Dissolution of Marriage. On the form, the partner filling out the form is the petitioner, and the other partner is the respondent.

Some states request that you have a reason for filing for divorce. These are called "at fault" states. Florida is not an "at fault" state: Your desire to file for divorce is enough to start the process.

On this form, you'll list any assets, liabilities or responsibilities that will need to be divided up, including property, investments, liquid assets, debts, child custody and so forth. Within 45 days of filing, you'll need to provide further information about your financial information to the court.

Filing And Serving Divorce Forms

If you don't file the forms properly, there may be a delay in processing them, or they may not be filed at all. Look up your circuit court and file the forms there. Some courts may request a filing fee for this service.

You'll also need to serve your partner with the forms. If your partner agrees, you can serve the forms personally or via a lawyer. Otherwise, you may need to get a sheriff or private process server to do this for you.

Your Divorce Hearing

Once you file for divorce, the court will set a date for a hearing. The court will usually grant the divorce if both parties agree that the marriage is "irretrievably broken" or one party is mentally incapacitated.

If one party refuses to agree the marriage is irretrievably broken, or if there is at least one minor child, the court may still choose to dissolve the marriage. However, they may also deny the request and refer the couple to marriage counseling.

If the marriage is dissolved, the court will rule on the distribution of the couple's assets and liabilities as well as child custody and child support. This is perhaps the most difficult part of the proceedings, and it determines a great deal about your financial and personal future.

It's best for you to have a good lawyer to advocate for you through the divorce process. Laura Spencer Coleman is a compassionate, experienced lawyer who will help you make your case. Contact her today to make sure you get what you need out of your divorce hearing.

By Laura Spencer Coleman 31 Oct, 2019
Learn more about parental responsibility laws in Florida by reading the latest blog post from attorney Laura Spencer Coleman.
By Laura Spencer Coleman 26 Sep, 2019
Divorce rates among older adults are on the rise in the United States. What's causing this phenomenon--and how can you prepare for divorce in later life?
By Laura Spencer Coleman 28 Aug, 2019
Are you seeking a divorce in Santa Rosa County, Florida? Here's the information you need, from a trusted Florida attorney.
By Laura Spencer Coleman 02 Jul, 2019
Learn more about the meaning of sole custody in the state of Florida from the Law Office of Laura Spencer Coleman.
By Laura Spencer Coleman 01 Jul, 2019
Are you seeking a divorce after being married for more than 17 years? Laura Spencer Coleman answers some key questions about getting a divorce after a long-term marriage.
By Laura Spencer Coleman 05 Jun, 2019
The length of your marriage can have an impact on your divorce proceedings, especially when it comes to alimony. Learn more today.
By Laura Spencer Coleman 03 Oct, 2018
No-fault divorce is the legal standard in the state of Florida. How does the no-fault standard affect your divorce proceeding? Learn more today.
By Laura Spencer Coleman 01 Oct, 2018
In Florida divorces, courts use a legal standard called equitable distribution to divide marital property. Learn more today.
By Laura Spencer Coleman 05 Sep, 2018
Are you or your spouse a military servicemember? You may have a different legal process for filing for divorce in Florida. Learn more today.
By Laura Spencer Coleman 07 Aug, 2018
If you have a juvenile in your care who has been accused of a crime in Florida, it's important to understand the laws affecting his sentence. Learn more today.
Show More
Share by: