What Steps Should I Expect in a Contested Divorce in Florida?

A contested divorce is one in which the two parties cannot agree to all the different terms of the case. These issues may include property division, alimony, child support and timesharing. A contested divorce is much more complicated than an uncontested case. The steps involved are outlined below by our Tampa divorce attorney.

Filing the Petition 

The party who wishes to file for divorce first must file a Petition for Dissolution of Marriage. The petition essentially lists the requests for the divorce, known as counts, and asks the court to grant a divorce. The petition is served by process server to the other party and the other party has 20 days to respond starting the day after receipt of it. There are also forms which must be completed, signed and filed with the Court in all divorce cases and even more if children are involved.  These are usually filed with the petition for divorce and are served on the other party as well.

Standing Pretrial Order 

Once the petition is filed, a judge is assigned to the case and he or she will issue a Standing Pretrial Order. This order outlines how the two parties are to conduct themselves during divorce. For example, the order will outline that neither party can dissipate or transfer assets while the divorce is proceeding. These orders are also sometimes called status quo orders because it orders the parties to maintain the status quo of the marriage. For example, if one spouse paid for the other’s health insurance premiums, they must continue to do so during divorce proceedings.  Furthermore, they cannot change beneficiaries of their life insurance.

Case Management Conference

In many counties, including Hillsborough County, the court will schedule a Case Management Conference (CMC) in 90 days.  A CMC is a court hearing designed to help manage and streamline the case. The purpose of a CMC is to ensure that the case progresses efficiently and to address any procedural or logistical issues early on.  Usually CMCs are conducted via video.

Mandatory Disclosure 

The courts will also require both spouses to comply with what is known as mandatory disclosure. This is the process by which the two sides exchange specific financial information with each other, including the Financial Affidavit. Each spouse has 45 days from the date the petition is served to exchange this information with the other side.  If the case is an uncontested divorce, then usually the parties can waive mandatory disclosure.  That is except for the Financial Affidavit, which is required in all cases even if they are uncontested.

Discovery 

If a case is contested, then additional information may be required from the parties. Discovery allows each side to ask the other for specific information. Discovery can take many forms including depositions, interrogatories, requests for admission, and more. Discovery is often the longest part of any legal case. And the parties are advised to forward the documents or information timely to avoid additional costs involved in obtaining it.

Temporary Hearing

A judge may also issue temporary orders upon motion of a party to the suit. Subsequent to the motion being filed, the parties obtain a temporary hearing date. For example, the parties may request a temporary hearing to obtain an order requiring one spouse to pay alimony to the other or to order a temporary time-sharing plan. These orders can be terminated once the case is finalized, or they can be made into permanent orders.

Mediation 

In most divorce cases in Florida, the judge will order the two parties to enter mediation before litigation, including prior to a temporary hearing.  During mediation, both spouses will meet with a mediator who facilitates communication and compromise in order to help them reach an agreement. If an agreement cannot be reached, the two parties will have to enter litigation.  For example, in Hillsborough County it is mandatory to attend mediation before litigation.

Trial 

A trial is the most expensive and time-consuming way to finalize a divorce. Still, if the parties cannot reach a settlement on their own, a trial is necessary. During a trial the judge will make all of the decisions, although it is possible that the parties can resolve some or most of the issues on their own; however, they will still require the judge to decide the remaining issues.  If one or both parties believe a decision was unfair or the judge made a mistake in the law, you can ask for a rehearing or appeal it.  There are strict timelines for these to be requested.

Our Contested Divorce Attorneys in Tampa Will Help You Through the Process 

The contested divorce process can be very complex. At All Family Law Group, P.A., our Tampa contested divorce attorneys will help you through it so your case can be resolved as quickly and easily as possible. Call us now at 813-672-1900 or contact us online to schedule a free consultation and to obtain more information. Se Habla Español.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html