Unhappy Marriage?

A divorce case begins with the filing of a Petition for Dissolution of Marriage. A Petition for Dissolution of Marriage is a written request to the court for some type of legal action. The person who originally asks for the legal action is called the Petitioner and remains the petitioner throughout the case. A Petition for Dissolution of Marriage is filed with the clerk of the circuit court. A case number is assigned and an official divorce court file is opened. A filling fee is usually required.

When one party files a Petition for Dissolution of Marriage, the other party must be “served” with a copy of the document. This means that the other party is given proper notice of the pending divorce action(s) and any scheduled hearings. Personal service of the petition and summons upon the respondent by a deputy sheriff or a private process server is required in all original Petitions for Dissolution of Marriage.

After being served with a Petition for Dissolution of Marriage, the other party has 20 days to file an answer admitting or denying each of the allegations contained in the Petition for Dissolution of Marriage. If a response to the petition is not filed, the petitioner may file a motion for default with the clerk. This means you may proceed with your divorce case.

Florida Law requires each party to exchange certain information and documents, and file a financial affidavit. Failure to make this required disclosure within the time required may allow the Court to dismiss the case or refuse to consider the pleadings of the party failing to comply.

Refers to the formal procedures used by parties to obtain information from each other and from witnesses. The information is meant to help the party to prepare for trial or settle the case. The primary discovery methods are: depositions, interrogatories, request for production of documents, request for inspections, subpoenas, and request for psychological evaluations.

Usually settlement discussions begin after the value of the marital estate has been determined. However, there are cases in which clients already have an idea of the terms they are willing to accept before all assets and liabilities have been accounted for. In the event a settlement is reached, an agreement is prepared that outlines the settlement terms. If a settlement is not reached, then the case will proceed to mediation.

Mediation is a supervised settlement conference presided over by a neutral mediator, who suggests alternatives, analyzes issues, questions perceptions, uses logic, conducts private meetings of attorneys with their clients, stimulates negotiation between opposing sides and keeps order. The mediator will not hear any testimony, review any evidence or make a decision. The only result of the mediation conference is the agreement or non-agreement of the parties. Mediation is a requirement of the court and can not be waived.  If you and your spouse agree to settlement the case, the attorneys and the mediator will reduce the terms of such agreement to writing and execute that document at the mediation conference.  Once the document is signed it becomes a binding contract. Mediation involves consent.

If the case is not settled by discovery and mediation, you will eventually find yourself at a trial. In a trial, a judge makes all the legal decisions, such as whether or not a particular item of evidence can be used. At the same time the judge makes all the factual decisions.

At the trial, you will be required to present your case according to very specific rules of procedure and evidence. If the parties choose to proceed to a trial, they need to be prepared to realistically accept the consequences of putting their lives, their children lives, and their future in the court’s hands, as they will totally give control to a stranger to decide their fate and that of their children.