Filing a Contested Divorce in Florida

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Filing for a contested divorce in Florida can be a complicated event. There are certain legal steps that must be followed in order for a contested divorce filing to be deemed proper. Failure to follow these steps could result in dismissal of a Florida contested divorce action.

Initiation of Filing of Florida Contested Divorce

Before a party can file for a contested divorce in Florida they or their spouse must have lived within the state for at least six months. Next the parties must have determined that they could not come to a resolution of the major issues of the divorce. If these two conditions are met then one of the parties can file a complaint for divorce in the Circuit Court of their residence.

The complaint must allege that the marriage is irretrievably broken or that the other party is mentally incapacitated. Also the complaint should ask the court to settle any outstanding issues such as child support, division of marital property, spousal support, and any other outstanding marital issues. There is a filing fee that is about $400.00

Party Designation, Documents, and Discovery

The person that initiates the filing is the petitioner and the party that they are filing against is termed the defendant. Once the petitioner has filed the complaint for divorce he or she must have the defendant served by the county Sherriff’s office. This service of process will generally cost between $25-$30. The defendant will have 31 days to file an answer to the petitioner’s complaint- basically a chance to state their side of the story. As soon as the answer is filed the parties will be considered to be within the discovery process.

The discovery process is where the parties can request certain financial and personal information from the other party, which has to be provided, to prove their case. This process can also involve depositions where parties are required to answer questions under oath in front of a court reporter.

Resolution of Florida Contested Divorce

When discovery is complete and if the parties have not reached an agreement in mediation or outside of mediation, then they will go to trial. During the trial the court will make a final decision regarding any open issues that remain between the parties. The court will then issue a final order of dissolution.

Seeking Legal Help

Contested divorces can be complicated. Due to the nature of the filing and the importance of resolving the issues seeking the advice of an attorney is absolutely key. Only a licensed attorney can provide you with the assistance you need to make sure that your case are handled as fairly as possible.

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