Even though couples get married with the belief that their marriage will last forever, circumstances arise later on and some of those couples want a divorce. While there are many reasons for filing for a divorce, Florida is a No Fault state. This means that divorces are granted because there are irreconcilable differences. This term also has implications on how assets and liabilities are distributed but we will talk about that in a minute.

Divorces can either be uncontested or contested. What category your situation fits into has more to do with time than anything. For couples who are in complete agreement on how assets and liabilities are to be distributed, they can pursue an uncontested divorce and it may be finalized within 30-60 days. Others fall into the contested category meaning there is disagreement on asset and liability distribution and/or issues with minor children. Those cases may come to an agreement later on but not after your attorney advocates on your behalf through court pleadings and possible hearings.

Once the initial Petition is filed, there are certain statutory prescribed timeframes for Answers and Counter-Petitions. Cases then enter the discovery phase that encompasses Mandatory Disclosure. This is the document gathering stage where you need to collect documents you have in your possession or readily accessible to you. Examples include old tax returns, pay stubs and bank statements. Once this is complete, mediation is set up. If your case is uncontested, you may waive this document gathering stage. All the law requires is that you file and exchange financial affidavits.  Also, if minor children are involved, each party must complete a Parenting Course.  This is regardless of whether or not allegations have been made or evidence introduced that either of the parties is a “bad parent”.  Everyone must take this course if minor children are involved.

As I stated earlier, No Fault also deals with how assets and liabilities are distributed. In the State of Florida, all assets and liabilities are split evenly, or 50-50, unless a Judge finds reason for an inequitable distribution. Prior to the law change in October of 2008, Special Equity existed to allow a person to claim more than 50% of an asset or to claim less than 50% responsibility for a liability. The concept is the same except we ask for an inequitable distribution. You can ask for an inequitable distribution for many reasons, some of which may be tied to why the marriage is ending in the first place. Maybe your spouse had an affair and spent marital money on this affair. That may be reason enough for you to ask for an inequitable distribution. Alimony is different than asset distribution. There are rules about whether or not alimony is applicable to your case. The amount can be in the form of lump sum using marital assets but it also may be periodic payments separate from asset distribution.  

All divorces in the State of Florida are required to go through mediation unless a Judge says otherwise. This gives you the opportunity to avoid having a Judge impose his or her decision on you and gives you some control in how the final paperwork will look. Not only do we have extensive experience in handling mediations for family law matters, William S. Orth is a litigator and can take your case to trial if mediation does not result in an agreement.

If mediation does not settle your case, you then must begin to finalize trial preparation. Trial preparation involves additional discovery beyond Mandatory Disclosure as discussed above but does not kick into final gear until after mediation has failed. Decisions must be made such as whether or not to depose certain individuals and figuring out who your witnesses are. There may also be further discovery you want to conduct using a Subpoena Duces Tecum or other methods of recovery for documents the other party will not supply you with. Remember, throughout this entire process, you can utilize Motions for such things as asking the court to find the other party in contempt for actions or inaction or to compel them to abide by certain rules.

Another important concept in Divorce, but applicable in other areas of Family Law, is recovery of fees and costs.  One example is if one persons has income significantly higher than the other, the party with the lower income may recover attorneys fees.  This could be accomplished at the trial stage but may also be done during a hearing on temporary matters.  Temporary matters hearings are typically held after mediation but before trial.  Another example is recovering attorneys fees and costs if one party is forced to file a Motion for Contempt or Motion to Compel.  These motions are used to deal with a party either doing something they should not or not doing something they must but also deal with a party not producing documents the law requires they produce.

Contact us for more information on how the Law Offices of William S. Orth, P.A. can help you.