While divorce can be stressful, sad, and even sometimes devastating, there is no doubt that it is a gateway to a new life and the chance to start over again. For many people, looking ahead, they see a better future, and one with more freedom and hope.
But divorce does not just happen—it is a process. It is a process that can happen relatively quickly, but it does not happen at all unless the correct legal steps are taken.
There is no one step-by-step guide that works for everybody; every situation is different, and may vary depending on assets, the length of the marriage, whether there are children, and, of course, how amicable the spouses are and how willing they are to come to some resolution to get the divorce behind them.
With that in mind, it is worth going over the legal steps to get a divorce that generally apply to most couples.
Before the Divorce Case is Filed
The first legal step is one that happens before the divorce itself is filed. It has to do with getting your affairs in order and being ready for what is to come.
If you suspect that you may be the one moving out of the marital home, you want to make sure that you have all your paperwork and sensitive documents, and the items that you need to live, not to mention somewhere to live, lined up. If you have minor children, you want to make sure that wherever you will be living has space for the children to be with you, as well, if possible.
When your divorce case is actually filed, you can ask the court to determine who will live in the home while the divorce case is going on, but it is best to be prepared for all scenarios, just in case.
Getting Documents Together
Your divorce will require disclosure of your finances and financial paperwork. Some may be easy, like bank account statements that can be found online, but higher net worth individuals who may have assets in various kinds of financial vehicles, or who may be self-employed or who may have a business, may need some time to gather the documents and information.
You will also need to fill out a financial disclosure affidavit, which is a complete form listing your income, assets, debts, and liabilities. That must be exchanged between the parties before even a negotiated or mediated settlement can be entered into.
Trying to Resolve Things
It is almost certain that at some point, you will have to attend a mediation to try to resolve the issues in your divorce case.
You can try to do this before the divorce is even filed (you will still need to fill out your financial documents and provide your financial information to your spouse). If you can resolve the case at mediation, you can file the divorce as an uncontested divorce, with the divorce agreement in hand. That means that your divorce will be much quicker, cheaper, and with almost no stress; divorce merely becomes a matter of paperwork at that point.
Parenting Plans and Kids
Whether you do it before the case is filed or after the divorce is filed, you will also have to agree on a parenting plan with the other spouse if you have minor children of the marriage.
You don’t have to agree on one, but if you can’t, the issues in the timesharing or parenting plan will be determined by a judge at your divorce trial—not something that is ideal.
The parenting plan contains all the details about how you will co-parent with your spouse. Everything from timesharing to extracurricular activities to vacation time and anything you can think of related to raising the children must either be agreed to in the parenting plan or ordered by the judge later on.
Temporary Support
Sometimes, the court will need to make temporary decisions while the divorce case is pending, which is often done at the start of the divorce case. For example, who will live in the marital home? What will the timesharing/custody schedule be? Will there be alimony or attorneys’ fees awarded while the case is pending?
These are temporary and may ultimately be modified at the conclusion of the case, but these temporary matters will set some guidelines as to what will happen while the divorce case is going on. If it looks like the case has a lot of contested issues, that will take a while to resolve.
Child Support Determinations
To some extent, you and your spouse can agree on a reasonable child support obligation, but unlike other issues in your divorce, the judge has the final say on what child support must be. Florida law has a formula based on the incomes of both parents and the time that each parent will have with the child.
While you can argue about and negotiate income figures that will be used in the formula, the child support formula is a mathematical formula dictated by Florida law, which cannot be altered absent special circumstances.
When Things Get Contested and Contentious
If this all seems relatively straightforward, that is because it is—if you and your spouse are generally on the same page, and willing to work out contested issues through mediation or negotiation.
Things get more complex when issues cannot be resolved or worked out. As the divorce case goes on, there may be depositions of both spouses, as well as of third parties that have relevant information. Experts, including guardians ad litem for the children, may have to be hired, as may financial professionals to comb through complex financial records.
The End of the Case
The end of the legal steps to divorce will either end with the court ratifying your negotiated settlement or mediated agreement, or the court conducting a full-blown, drawn-out trial, if the issues cannot be resolved. Either way, you will then have your official dissolution of marriage, and you can get on with the business of starting your new post-divorce life going forward.
His offices are located at 2431 Aloma Ave. #124, Winter Park, FL. 32792 and 3270 Suntree Blvd. Suite 103G, Melbourne, FL. 32940
You may contact Anthony Diaz by calling 407-212-7807 or by email An*****@************aw.com or visit www.AnthonyDiazLaw.com.
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Anthony Diaz is a Family Law and Collaborative Divorce attorney, mediator, speaker and coach in Orlando. Known as The Peacemaker, his practice specializes in divorce with dignity, mediation, collaboration, uncontested and out-of-court options to help families find peaceful solutions.
With over 20 years of experience, Anthony is passionate about helping his clients resolve conflict, reduce stress and move peacefully through the divorce process without going to court. He has helped thousands of families experience a more positive outcome.
As a Florida Supreme Court Certified Family and Circuit Civil Mediator, a State Qualified Arbitrator, and an esteemed member of the Leadership Academy of the International Academy of Collaborative Professionals, Anthony’s expertise in mediation and conflict resolution makes him uniquely qualified to help couples navigate the emotional and financial challenges of divorce.
He is an active and highly respected professional in the Florida collaborative community. Anthony serves as Co-Chair of the Florida Academy of Collaborative Professionals Outreach Committee and is a Board Member of the International Academy of Collaborative Professionals.
Prior to opening his private practice, Anthony was a CPA and an Assistant State Attorney for the Ninth Judicial Circuit of Florida. He earned his degree at Stetson University College of Law.
Anthony is also a published author, co-authoring Faces Behind the Pages and Creating Relationships and Family with Courage and Compassion. His solo works include:
• Divorce With Dignity – 3 Powerful Steps to Heal and Move Past Your Divorce N.O.W.
• !n-joy Your Relationships! – 7 Pillars to Deepening Your Connections With Passion and Purpose
• Moving Consciously Through Conflict – 5 Meaningful Steps to Mediating Conflict With Compassion
As a coach and an international speaker, his passion, mission and purpose is to help families move on from their divorce with dignity and embrace a more peaceful future.