When someone comes in to see me for divorce the first thing I do is explain how the process works. My approach to this is to tell the client upfront what they may be facing. I don’t like to tell people only what they want to hear. I want to ensure that they are fully informed so that a situation never arises where we come out of a hearing asking, “what just happened?” Or the client saying, “I had no idea that could happen.” No one can promise you a specific outcome in a divorce. If they try to make promises to you, they are not being honest with you, and they may be acting in an unethical manner.
When one spouse files for divorce, the other spouse will be served with divorce papers. The spouse being served then has 20 days to file a response. The next step will be a period of mandatory discovery. This will include divulging all bank account statements, earning statements, credit card statements, all titles and deeds, your tax returns, and any other relevant and requested financial disclosures.
Next, both spouses will enter into a process of mandatory mediation to attempt to resolve as many divorce-related issues as possible before the case goes in front of the judge. Any issues that remain unresolved after mediation, the lawyers for both spouses will present their case to the family law court where the judge will render rulings on these remaining issues.
A contested divorce can often take a year or longer from the date of filing for divorce and a final hearing. Therefore, mediation can be an invaluable tool in a divorce. Mediation allows you to reduce the number of contested issues or even eliminate issues of contention by coming up with an amicable agreement regarding divorce issues. The more issues you can resolve for mediation the more time and money you’ll save in a divorce.
The divorce from also may include depositions. Depositions are typically taken during the discovery period and often bring to light what both parties know, or what the party may be hiding. In depositions, questions may be asked that cannot be asked in the family law court. Depositions also help us prepare a defense or strategy that may best serve your interest in the family law court.
There’s also a process known as simplified divorce, commonly referred to as an uncontested divorce or collaborative divorce. This is where both spouses can resolve all divorce-related issues outside of the courtroom, thus significantly reducing the time and money needed to achieve a successful divorce. An uncontested divorce, or simplify divorce is most common when children are not an element of the divorce. In some cases, a simplified divorce, or an uncontested divorce can successfully be completed within a matter of months.
There are many issues that may need to be either amicably resolved or ruled upon by the court in order for a divorce to be finalized. Some of these additional Family Law issues that may need to be addressed in a divorce may include:
LAW OFFICE OF
GAIL CHEATWOOD, P.A.
2000 S. Florida Ave., Lakeland, Florida 33801
PHONE: 863.686.0975