Brown & Rice, PA
2003 Curry Ford Rd
Orlando, FL 32806
Divorce is the legal process of dissolution of marriage by which a legal marriage is ended and the joint affairs of the marriage are divided among the spouses. To obtain a divorce in Florida, at least one of the spouses must have resided in Florida for at least the immediate six months prior to the divorce. Additionally, the petitioner (the spouse that files for divorce) must show the court that the marriage is "irretrievably broken". Florida is a "no-fault" divorce state in that it is not necessary to prove that one spouse is at fault to obtain a divorce, but fault may have an impact on the distribution of assets and the award of alimony.
Our Orlando Divorce Attorneys will guide you through the divorce process with care and personal attention. Contact us for a free consultation. (407) 956-2172
When a divorce petition is filed, a copy of the petition along with a summons is served upon the other spouse (called the respondent). The respondent must file a legally sufficient answer to the petition within 20 days of service. Failure to properly answer a petition for divorce may forfeit your legal rights in the divorce proceeding.
If you have been served a divorce petition, it's important to immediately contact a divorce lawyer. Florida law only gives your lawyer 20 days to answer the petition for dissolution of marriage.
After the summons is served and answered, the spouse's lawyers engage in "discovery" - the process of obtaining information about finances and other issues to aid in the divorce process. Both spouses will be required to disclose certain information and documents during this process.
In the vast majority of divorce cases, the spouses are required to participate in mediation. At mediation, the parties and their lawyers will meet with a neutral third-party mediator to determine if they can agree on all or some of the issues involved in their divorce. Mediation may result in no agreement, a partial agreement, or a full agreement. If a full agreement is reached, and it is acceptable to the court, the divorce will be finalized after a final hearing in front of the judge.
If mediation results in no agreement or only a partial agreement, then the remaining issues will be litigated and the court will make the final decision regarding each unsettled issue. Because Florida is a no-fault state, the litigation will generally be focused on settling the various property and child issues, not on whether a divorce should be granted.
Although this brief summary of the divorce process may look simple, the process is quite technical and time consuming. Our lawyers will be by your side until the divorce is finalized to help you through the process. Call us at (407) 956-2172 to start developing your personalized divorce case strategy.
Brown & Rice, P.A., serves clients in the Orlando, Florida, area, including the cities of Kissimmee, Winter Park, Winter Garden, Winter Springs, Longwood, Sanford, Deltona, Davenport, Lake Buena Vista, Deland, Daytona Beach, Mt. Dora, Ocala, Belleview, St. Cloud, Poinciana, Lake Mary, Apopka, Clermont, Maitland, Windermere, Heathrow, Lake Nona and Oviedo, as well as Orange County, Seminole County, Volusia County, Marion County, Lake County, and Osceola County.