Divorce Procedure in Florida .. a divorce timeline

From the Law Office of Douglas Kneller .. ifloridadivorce.com .. daytonadivorce.com

 

How Long does it take to get divorced?

This depends on the facts and issues relevant to your case, the duration of the marriage, and of course, finances. It may take a year or longer to finalize your divorce. Below is a rough sketch of the steps that are taken in a typical divorce in order for the dissolution of marriage decree ("piece of paper") that you are seeking to be issued.

Be sure to write down your questions about divorce procedure. I will gladly explain anything you want and need to know about the divorce timeline and formal procedures.

—Douglas Kneller

COURAGE

It takes courage to pick up the phone and make the call, but taking action is the first step.

Consultation

Discussion and retainer.

Courage .. reflection

Making sure your mind is made up. Knowing what you want. Planning ahead. 

Spousal Conference

Sitting down and talking to your "loved one" is upsetting when communication has been eroded and the situation has become acrimonious.

Pre-filing tasks

These procedures include:

Attorney prepares petition for dissolution of marriage

A divorce petition is drawn up to get the ball rolling. This document is written by your attorney (with your imput) and formally served to your spouse and is filed in the state court of the residential county where you or your spouse lives. The petition establishes basic and important, relevant information about the marriage, naming the husband, wife and any children, and includes statements about community or separate property, child custody/support and/or spousal support.

The petition establishes the date of separation, files restraining orders and sets parameters that must be followed during the divorce such as selling property or borrowing money, taking children out of state, insurance issues and other limitations. This petition is formally served to your spouse, often by a professional process server (known as service of process). Your spouse may file a response and the divorce can proceed without a court hearing when there is no disagreement.

Doing your home work

The more organized you are in your divorce, the more organized your attorney will be. You will be asked for documentation that will establish the terms of your divorce, including finances, assets, debt, liabilities, income and expenses. 

File petition for dissolution of marriage

Yes it will be published in the local newspaper.

discovery

These procedures include:

review expert witness

The testimony of 

case management conference (attorneys meet to discuss your case)

These procedures include:

temporary hearing

These procedures include:

mediation

This is an important step in settling your case or going to trial.

additional discovery

These procedures include:

Preparation of pretrial conference (disclosure)

These procedures include:

docket call

Your case is scheduled on the court's calendar.

trial

After all attempts to settle your case have been exhausted, you may find yourself facing your spouse in the courtroom after all.

ruling

Once the court enters a ruling or final judgement, the divorce is final.

post trial motions

These actions include:

appeal

When you decide that you can't live some aspect of the terms of your divorce, you may choose to appeal the court's ruling.