In Florida, Dissolution of Marriages (Divorce) can come in various shapes and sizes. There is what’s called a Simplified Dissolution of Marriage, an Uncontested Dissolution of Marriage, and, of course, the Contested Dissolution of Marriage. Each is discussed below.
A Simplified Dissolution of Marriage is a divorce filed with the court where the two parties do not share any minor children, have already worked out how their property and debts will be divided, and neither party is seeking alimony. If this is the case, then once the proper paperwork is filed with the court, a quick hearing (literally just minutes) can be held dissolving the marriage before a judge.
Similar to a Simplified Divorce, an uncontested divorce occurs when the parties have proactively come to a settlement agreement on all issues concerning their dissolution of marriage and do not need the court to resolve any issues.
Uncontested divorces differ from Simplified Divorces because they involve issues such as minor/dependent children and/or issues of spousal support. Because the parties have already agreed on all issues, uncontested divorce hearings are quick and without any drama (hopefully!).
“There are two dilemmas that rattle the human mind. How do you hold onto someone who won’t stay? And how do you get rid of someone who won’t go?” Gavin D’Amato. A contested divorce in Florida is defined as a divorce proceeding where the court is formally requested (via a written “Petition”) to resolve one or more disputed issues amongst the parties.
The most common disputed issues in contested divorces are timesharing (child custody), parental responsibility, child support, equitable distribution (division of property/debts), and spousal support (alimony).
Contested divorces tend to be very time-consuming and, therefore, it is often necessary that the parties ask the court to establish temporary timesharing, temporary child support, and/or temporary spousal support (alimony) throughout the pendency of the litigation.
The contested divorce process begins when one party (referred to as the “Petitioner”) files their written petition with the court. Upon filing, a case number and a summons will be issued. After which, the Petitioner must then then serve the other party (referred to as the “Respondent”) with their petition and the summons, which formally notifies the Respondent that they are being sued for divorce.
After being served, the Respondent then has twenty (20) days to file with the court their “Answer.” The Respondent’s answer is the Respondent’s formal response to the allegations brought forth by the Petitioner. Typically, the Respondent’s answer will also include a counter-petition, which recounts the Respondent’s own allegations, demands, and requests.
Once both parties have filed their petitions, answers, and counter-petitions, the discovery (i.e. evidence gathering) phase of the case begins. Specifically, Rule 12.285, Florida Family Law Rules of Procedure requires each party in a divorce to exchange certain financial information and documentation. This process is commonly referred to as “Mandatory Disclosure.” Both parties completing mandatory disclosure is critical to the court’s ability to accurately determine the issues of child support, spousal support (alimony), and the division of debt/property (equitable distribution).
During this period, the court will also order the parties to attend mediation. Mediation is a process where the parties, their lawyers, and a neutral third party (the mediator) meet in a confidential setting outside the presence of the court to try and negotiate a settlement. In the interest of brevity, please see the mediation tab on this website for a more in-depth discussion of the mediation process.
If the parties have completed discovery and failed to reach a settlement at mediation, the court will then set a trial (Final Hearing) date. From that point forward, the parties and their lawyers will turn their attention to preparing their case for trial by combing through all the evidence, drafting any necessary pretrial motions/filings, compiling witness lists, organizing exhibits, creating applicable child support guidelines worksheets, equitable distribution schedules, and/or spousal support (alimony) proposals.
Okay, we all know a prenup is not the most romantic aspect of the marital process. Nothing says I love you forever more than a humorless lawyer telling you to initial here and sign there before you can go off and have the happiest day of your life. Yet, a good prenup can save money, spare heartache, reduce stress, and create intrinsic protections for both sides.
Well-crafted prenups allow the parties to go into a marriage with their eyes open and many potential landmines preemptively removed. After practicing in this area for over six years, I have come to believe a good prenup is essential and can simplify marriages.
The lesser-known little brother of the Prenuptial Agreement is the Postnuptial Agreement. Postnuptial Agreements are written agreements signed while the parties are married (not prior to) that anticipate what each parties’ rights, responsibilities, and obligations are should the parties separate or divorce.
Like Prenuptial Agreements, I have found Postnuptial Agreements can be an invaluable tool in providing clarity and peace of mind for married couples and are not necessarily an ominous storm cloud of marital doom and gloom.
Whether you are on a Ramen Noodle budget or a Martha’s Vineyard budget, we can all agree lawyers are expensive. In fact, the only people who probably don’t feel that way are lawyers who own homes on Martha’s Vineyard.
That said, I strive to create value for my clients. Specifically, everything I try to do is with the thought of using the resources I am given to solve problems without my clients incurring any more expenses than are necessary. If you happen to retain me, don’t be surprised if in one of our conversations I say, “Let’s not turn a $50 issue into a $5,000 problem.”
As crazy as it sounds, sometimes it’s easier to speak with someone outside the hours of 9:00 a.m. to 5:00 p.m. I understand that and am available for consultations and appointments in the evenings and on weekends. I try to be available to my clients 24/7 and respond promptly to all phone calls and emails.
Frankly, I like talking shop. No matter who I talk to (other lawyers, judges, expert witnesses, or prospective clients) I always feel like I learn or discover something new. If you have a family law or other legal issue you wish to discuss, please contact my office and we can set up time to speak.
Partner with a compassionate and experienced family lawyer to guide you through every step of the divorce process.
