​What To Expect When Getting A Divorce

What can you expect when going through a divorce? Here are some concepts about the divorce process to keep in mind.

• Evaluate your relationship.

It is important to assess the nature of your relationship with your spouse before deciding what divorce process to use. Not every divorce is highly contested. If you and your spouse are on speaking terms, you may want to consider the possibility of proceeding in an uncontested or cooperative manner or using the Collaborative Divorce method. These methods are explained more fully on our website on these pages:

Uncontested Divorce
Cooperative Divorce
Collaborative Divorce
 
If there is a history of domestic violence or manipulation, an uncontested divorce, cooperative divorce, or Collaborative Divorce may not be the best option, as it is likely the abuser will attempt to employ abusive tactics to get the result he/she ultimately wants.

• Filing a Petition for Dissolution of Marriage.

If you opt to proceed with a contested divorce, you will discuss and determine with your attorney all the requests you want to include in the Petition for Dissolution of Marriage. Generally, there are five major issues in a divorce: division of property and debts, also referred to as equitable distribution, parenting, alimony, child support, and attorney’s fees and costs. The Petition is then served on your spouse, who will have 20 days after date of service to file an Answer to the Petition for Dissolution of Marriage.

• Parenting Class

Parties to a divorce involving children are required to attend a parenting class. This class is available to parents as an online course. You must be sure to file the Certificate of Completion with the Court to obtain your Final Judgment of Dissolution of Marriage.

• Mandatory Disclosure and Discovery

In a contested divorce, both parties are expected to file Certificates of Compliance with Mandatory Disclosure and Financial Affidavits within 45 days following the date the Petition was served. The Financial Affidavit reports your monthly income, expenses, assets and liabilities. Your Financial Affidavit is a very important document and is used to determine alimony, child support and property division. Visit here for an instructional video on how to create your Financial Affidavit.

Discovery is an opportunity for each side to request and gather relevant information. In addition to the Mandatory Disclosure requirements, there are other tools available to gather additional information, such as depositions.

In an uncontested divorce, cooperative divorce, and Collaborative Divorce, the Discovery process and Mandatory Disclosure requirements are usually more relaxed by agreement.

• Case Management

Lee County has a Case Management program for all divorce cases. Other jurisdictions in Florida have a similar program. The divorcing parties meet with a Case Manager who reports to the judge. The Case Manager checks on the status of the case and ensures the parties are meeting deadlines, so the case is not unnecessarily delayed. If either party has a Motion for Temporary Relief pending, case management is an opportunity to resolve those issues.

• Mediation

All cases are required to attend mediation prior to scheduling the case for trial. Mediation is a problem-solving process that encourages discussion so you can ease pain and stress and work together to protect your children and money. A mediator is a neutral third person who works to encourage and facilitate a mutually acceptable settlement agreement. Mediation is intended to resolve a dispute in a non-adversarial manner so you can move forward. Mediation is a confidential process. The mediator cannot be subpoenaed to testify at a future court hearing. It is intended to be an opportunity where parties can shape their own agreement that is most conducive to their lives. If an agreement is not reached at mediation, some parties agree to return to continue the mediation at a later date.

​In addition to legal services, our office offers mediation services both during a divorce and prior to a divorce being filed. Divorcing couples who wish to resolve their divorce prior to filing in court and without attorneys, can learn more about our mediation services here.

• Trial

If parties are unable to reach a mutual agreement outside of Court, the pending issues will be decided by the Judge following a trial, where each side will have an opportunity to present testimony and evidence in support of their positions. You will want to discuss with your attorney whether it is necessary to have experts, such as, accountants or parenting evaluators, testify at trial. Depending on the issues in the case, trials may last a couple of hours or possibly even a few days.
 
Although our office only handles uncontested divorces, cooperative divorces, and Collaborative Divorces (meaning we don’t represent clients in contested divorces), we are available to answer your questions about the divorce concepts described on this page.