Absolute and Limited Divorces
In practice, this is a rarely used ground. For more information about divorce read The divorce process. Dashboard Make a document Ask a lawyer Get guidance Home.
Profile information Account settings. Make documents Ask a lawyer Get guidance About us. This information only applies in England and Wales. Unreasonable behaviour. Living apart for more than 2 Years with agreement. Living apart for more than 5 Years without agreement. A common misconception is where both spouses want to become single but they still disagree on finances. The fact is: if either spouse is arguing over anything, no matter how little, the case becomes contested.
The halfway point is usually the time the parties attend mediation. A contested filing is a bit more intensive than an uncontested filing. You must gather and organize more intensive financial documents for disclosure to the other party. The degree of required accuracy is higher due to the fact that contested issues may hinge on your factual disclosures. You must also prepare for the realities of a contested, competitive case. The requirements are more exacting and take a bit more time. Unless the case begins as an uncontested filing — you cannot relax about requirements and you cannot take anything for granted.
After the process server delivers the Summons and Petition to the other party, they have 20 days to file an answer.
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This is normally a predictable period of time. But be aware that attorney-lead divorce cases can take many twists and turns. There are numerous, legitimate ways to significantly delay a case. Every contested case requires both sides to send the other party a minimum-specified set of financial documents. The minimum documents normally required include paycheck stubs, tax returns, bank statements, and retirement account statements. Keep in mind that fully contested cases that proceed to trial have must more intense and time-consuming requirements. Depositions are procedures that can draw out the timeline for a divorce.
But typically a deposition only occurs in a case with large amounts of money at issue. Florida requires a 4 hour parenting course completion from both parents if there are children. You can normally take your course immediately before or after the case commences. Most initially contested cases come to a conclusion at mediation. Mediation is a semi-voluntary negotiation process.
Getting a Divorce In Florida
Florida requires mediation in all divorce cases. Most divorcing spouses completely settle their case at the mediation conference. When a divorce case settles at mediation, the time to get a divorce is significantly shortened. Mediation can be done through the courthouse official program or through a private mediator.
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Selecting a private mediator can trim some delay from the divorce process. A successful mediated agreement is normally filed with the court immediately after the mediation.
After that — the parties must arrange for and attend a final hearing. The final hearing is the last stage of a divorce. In this scenario the vast majority of final hearings happen in 4 — 6 months.
Some variables that can speed up or slow down your case include the accuracy of your documents, failure or success of either party at following procedure, and finally whether the responsible judge has an open or relatively full calendar. The final hearing is the last stage of a contested case and normally results in an order granting a divorce. A special situation to note for some self represented couples ….
The General Magistrate has the power to dissolve the marriage. But there will be an additional day delay before your divorce is fully finalized.
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There will be no such delay if a Circuit Court Judge handles your case. The judge will consider both you and your spouses economic circumstances and the contributions each of you made to the marriage including care for children and your marital home. If either you or your spouse wants to keep your marital home to live in with a child from the marriage, that may also be a factor for unequal distribution.
Alimony is an extension of the obligation for spouses to support each other financially during the marriage. In divorce laws in Florida, a court can order alimony if it is "well-founded. If you and your spouse cant come to an agreement on child custody, the court will make a decision based on what is in the "best interests" of the child.
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Unless there is a reason that it would be detrimental to your childs upbringing, the court will usually grant shared responsibility. Sometimes the court will give one parent responsibility over specific aspects of a childs welfare, such as primary residence, education or medical care. The court will consider the moral fitness of you and your spouse as parents, your abilities to provide for the child and the preference of the child, among other factors.
Florida Divorce Laws – FAQs
Divorce laws in Florida include child support guidelines that judges use to figure out the support needed for a child and how much each parent has to pay. The court looks at both parents incomes and the childs health and child care costs. Floridas standard needs table lists support amounts based on the childs age and the parents income. The court can also set aside joint or separate assets of the parents in a trust or fund for future support and education for the children.
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The court will need to know about all of your assets in order to divide them. Make copies of tax returns, bank statements, mortgage documents and any other financial information possible. This will save you time and money down the road.
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