DateDashers.comDateDashers.com

    Subscribe to Updates

    Get the latest creative CONTENT from DateDashers about Dating & Realationships.

    What's Hot

    20 Essential Things to Start Doing for Your Happiness and Peace of Mind Today

    February 2, 2025

    The Beautiful Gift of Finding Presence in The Ordinary

    August 1, 2024

    When is it time for a divorce

    March 29, 2025
    Facebook Twitter Instagram
    DateDashers.comDateDashers.com
    • BEGINNER GUIDE
    • RELATIONSHIP
    • DATING
    • ONLINE DATING
    • BREAKUP
    • SELF DEVELOPMENT
    Facebook Twitter Instagram
    DateDashers.comDateDashers.com
    Home»BREAKUP»5 Steps in the Divorce Process
    BREAKUP

    5 Steps in the Divorce Process

    adminBy adminOctober 29, 20236 Mins Read
    Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
    steps in the divorce process
    Share
    Facebook Twitter LinkedIn Pinterest Email


    When going through a divorce, thinking about the legal process can seem overwhelming, confusing, and scary. Frankly, rightfully so. The divorce process is very complex, and each case is unique in so many aspects. Knowing what to expect can take away a lot of anxiety and fear, so I’d like to explain the 5 steps in the divorce process to take some of that stress away. This article applies to the state of Florida (where I practice) but it is designed to help people in any state. Just remember that each state has its own unique laws, so it might look a little bit different where you are.

    5 Steps in the Divorce Process

    Step 1: Information Gathering

    Once you have decided that divorce is right for you – it is time to educate yourself on the process. Florida is a no fault divorce state, simply put, no one has to prove anything to get a divorce. Either you or your spouse must state under oath that the marriage is “irretrievably broken” or that there isn’t anything the court could do to save your marriage. So when I say information gathering, that doesn’t mean compiling all the dirt on your soon to be ex, but to start educating yourself.

    • Learn about the different options to obtain a divorce.
    • If you choose attorney assisted divorce – begin interviewing attorneys.
    • Grab screenshots of all account balances (bank accounts, credit card accounts, student loan accounts, retirement accounts, any other kind of account you may have)
    • Begin to compile copies of your financial documents
    • Click here for a free download of my Separation Checklist

    Step 2: Filing for Divorce

    Once you have selected an attorney and provided all the required information to them about your goals for the outcome of your case, your attorney will begin drafting the documents required to initiate a divorce case.

    Documents required:

    • Civil Cover Form
    • Summons
    • Petition for Dissolution of Marraige
    • UCCJEA (if you have children)
    • Notice of Related Cases
    • Notice of Social Security Numbers

    Once these documents are filed through the Florida Supreme Court online portal, the clerk of the court in the county where you reside will generally take 48 hours to return the signed summons to your attorney. Then the entire packet is forwarded to a process server to serve your soon to be ex in person. Once they are served they will have 20 calendar days to file an answer.

    Step 3: Discovery

    Once the opposing party has been served, both of you will have 45 calendar days to complete Mandatory Disclosure. This is easily one of the worst parts of the case. Honestly, it can feel pretty invasive to provide all that is required. The Florida Family Law Rules of Procedure require each party to complete this process. I have a detailed checklist for all the documents proved to the court, you can download it here.

    Mandatory Disclosure can easily be the most expensive part of the process – especially if you are unorganized. I encourage my clients to get working on gathering and organizing their documents right away. Organization of the documents is key. Your lawyer will be reviewing everything, so the longer it takes to sift through your files, the more expensive it will be. Keep in mind, your attorney will also have to sift through your spouse’s documents as well.

    During this phase it is possible that additional discovery will be required. In that event, a Request to Produce, Standard Family Law Interrogatories will be filed, and will elongate the process. These are usually filed in highly contentious cases or when one party is trying hide assets.

     

     

    Step 4: Mediation

    Once your attorney has reviewed the financials, they will be able to put together an equitable distribution chart to give you an idea of how to equally divide the assets and liabilities from the marriage and set mediation.

    Mediation is required in all contested divorces in Florida. The vast majority of cases are settled there. Your attorney will set up a mediation prep appointment with you. During this appointment, you will discuss your goals for settlement including and not limited to:

    • Drafting a proposed Parenting Plan if you have children
    • Drafting a proposed Marital Settlement Agreement for all financial issues
    • Making a list of must haves and nice to haves, along with things you don’t really care about
    • Educating you on the mediation process itself

    This one is a hard truth, but if mediation is successful, neither party will walk away in love with the final agreement. This is because it will be a compromise for both of you, you will both have to give a take a bit. However, it is the only opportunity for you to be in control of the outcome of your divorce. What I remind my clients is to ask themselves, “can I live with this agreement?“.

    If you are unable to settle at mediation, this is called an impasse, and the next step is setting the case for trial. Only 5% of divorce cases in Florida end up having to be settled in court.

    Step 5: Post Divorce Tasks

    Once you have reached a settlement agreement at mediation your attorney will submit the signed Marital Settlement Agreement, with an attached Parenting Plan and Child Support Guidelines to the court with a proposed final judgment. A final hearing will be scheduled.

    Usually it is the petitioner who will appear with their attorney to provide the required testimony on the record, which allows the court jurisdiction to grant your divorce. These are very easy questions and nothing to worry about. Most final hearings are held via zoom. Once the court has signed the final judgment – your divorce is officially granted, and the agreement you signed during mediation becomes an enforceable order of the court.

    Tasks to be completed after your divorce:

    As you can see, divorces cases can be lengthy and have many moving pieces. Have no fear, your attorney should walk you through each step, helping, and answering any questions you have. It can feel like the end of the world, but know, there is happiness on the other side.

    Christine Diorio
    Christine Diorio, Divorce Attorney, Estate Planning Attorney

     

    Christine Diorio is a former state prosecutor and public defendor, who is now a divorce attorney and estate planning attorney in Tampa, Florida. With extensive courtroom experience and dozens of jury trials, Christine understands how to aggressively protect your legal rights and advocate for the best possible outcome for you and your family. Having personally gone through a divorce, Christine respects and understands the emotional journey, and focuses on keeping cases out of court and instead settling them via mediation. Her ultimate goal is to help her clients thrive after divorce. 

    Sign up for the Divorced Girl Smiling newsletter to get articles on divorce and dating.

    Sign up

    Divorced Girl Smiling welcome video





    Source link

    Share. Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
    admin
    • Website

    Related Posts

    BREAKUP July 7, 2025

    Baby Steps to Wealth and Abundance

    BREAKUP July 5, 2025

    What is a Single Mom?

    BREAKUP July 4, 2025

    How to be independent in life after divorce- Divorced Girl Smiling

    BREAKUP July 3, 2025

    Why Isn’t My House Selling?

    BREAKUP July 3, 2025

    How To Leave An Emotionally Abusive Relationship?

    BREAKUP July 2, 2025

    6 Tips To Relationship Happiness

    Leave A Reply Cancel Reply

    You must be logged in to post a comment.

    Don't Miss
    ONLINE DATING July 8, 2025

    GDI Podcast: Richa Rival, CEO and Founder of Walnut App

    In this episode of the GDI Podcast, we sit down with Richa Rival, CEO and…

    35 Secret Reasons Why, the Truths & Steps to Overcome It

    July 8, 2025

    Navigating the Stages of Therapy: What to E…

    July 8, 2025

    45 BIG Things to Do Before Getting Married (That Truly Prepares You for It)

    July 8, 2025
    Stay In Touch
    • Facebook
    • Twitter
    • Pinterest
    • Instagram
    About Us
    About Us

    Discover the secrets to lasting love and meaningful connections. Our expert advice and dating tips will help you navigate the complexities of relationships and find true happiness.

    Our Picks

    The Enigma of the Hot Mess & 40 Things That Make You One

    May 21, 2024

    10 Beliefs We Often Hold On to Long After it’s Time to Let Go

    April 10, 2025

    Better Conversations With Diana Indries And Better Topics Game

    July 27, 2023

    Subscribe to Updates

    Get the latest creative news from SmartMag about art & design.

    Facebook Twitter Instagram Pinterest
    • BEGINNER GUIDE
    • BREAKUP
    • DATING
    • ONLINE DATING
    • RELATIONSHIP
    • SELF DEVELOPMENT
    © 2025Designed by DateDashers.com.

    Type above and press Enter to search. Press Esc to cancel.