What to Expect During the Divorce Process: A Comprehensive Guide

Going through a divorce is never an easy decision, but understanding the process can make things more manageable. The divorce process involves multiple steps, emotional considerations, and various laws.

While each divorce is unique, there are some common steps and things to expect, especially if you’re going through a divorce in Florida. As the family law attorney at Marquez Law, I help families through this trying time. I’ll walk you through the key elements of the process, the importance of legal representation, and how to prepare for each stage of your case.

Initial Decision and Filing for Divorce

The first step in the divorce process is deciding to proceed with it. Whether you’ve been thinking about it for a while or have recently come to this decision, this step can bring a lot of emotions to the surface. After deciding to move forward, the next practical step is filing a petition for divorce, which is done through the courts.

In Florida, either spouse can file for divorce. To begin the process, one party must file a petition for dissolution of marriage, which is the official document that begins the divorce proceedings. The petition outlines key details such as the names of the parties, any children from the marriage, and the reason for the divorce. 

Florida is a no-fault divorce state, meaning you don’t need to prove wrongdoing (such as adultery or abuse) to file for divorce. Instead, the reason typically cited is the irretrievable breakdown of the marriage. 

Once the petition is filed, it must be served to the other party, who then has a chance to respond. This starts the legal timeline, and it’s during this time that it’s important to consult with a family law attorney to guide you through the upcoming steps.

Temporary Orders and Support

As the divorce progresses, there may be immediate issues that need addressing, especially if you and your spouse have children, share property, or are concerned about finances. In many cases, the court can issue temporary orders that provide guidance for living arrangements, financial support, and visitation or custody of children. Temporary orders can address:

• Child custody arrangements: Determining who will have primary custody of the children and visitation schedules.

• Spousal support: Deciding if one spouse will need to provide financial support to the other during the divorce process.

• Child support: Setting temporary child support amounts, based on income and the needs of the children.

• Use of property: Orders can also address the use of shared property during the divorce proceedings.

These temporary orders aren’t permanent and can be adjusted as the case moves forward. However, they can provide necessary stability while you and your spouse work through the divorce process.

Discovery Process

The next step in a divorce case is often the discovery phase. Discovery is a formal process where both parties exchange information regarding finances, property, and other important details. This phase helps each side understand the full picture of the marriage and its assets, which can be critical when dividing property or determining child support.

In Florida, there are various forms of discovery that may be used:

• Interrogatories: Written questions that must be answered under oath

• Depositions: A formal questioning of a witness or party involved in the case, typically conducted in a lawyer’s office

• Requests for production of documents: Asking for financial records, tax returns, bank statements, and other relevant documents

• Requests for admissions: Asking the other party to admit or deny certain facts

The discovery process can be time-consuming, but it’s important for both parties to be as transparent as possible. If you’re working with a family law attorney, they’ll assist in managing this phase, seeing that all necessary information is exchanged and that you’re fully informed.

Negotiating and Settling Disputes

While some divorces end in a courtroom battle, many are settled before they reach trial. In Florida, couples are encouraged to try resolving issues outside of court through mediation or settlement negotiations. Mediation is a process in which a neutral third party helps the couple work out their differences and reach a resolution.

Many people believe that mediation will only work if both parties are in complete agreement. However, this isn’t necessarily the case. Mediation is often helpful even when couples disagree, as the mediator can help both parties find common ground. 

A family law attorney will play a key role in preparing you for mediation and advising you on what is in your best interest during these negotiations. Some issues that are typically resolved during negotiations or mediation include:

• Division of assets and liabilities: Deciding how to divide the marital home, vehicles, bank accounts, retirement accounts, and debts

• Child custody arrangements: Establishing a parenting plan that works for both parties and the children

• Spousal support (alimony): Negotiating any financial support one spouse may provide to the other

If the parties reach an agreement, the terms are drafted into a settlement agreement. This agreement is then submitted to the court for approval. In Florida, the court must make sure that the agreement is fair and reasonable before issuing a final judgment of divorce. If no agreement is reached, the case will go to trial.

Court Hearing and Trial

If a divorce case proceeds to trial, it’s often because the couple cannot reach an agreement on key issues, such as child custody, alimony, or the division of property. The trial process can be lengthy and emotionally taxing, as both parties present their cases, and a judge makes decisions based on the evidence and testimony provided.

During a divorce trial in Florida, each side has the opportunity to present evidence, call witnesses, and argue their case. The judge will then make a final decision on all disputed issues.

This can be a stressful and unpredictable time, which is why it’s vital to work closely with a family law attorney. They’ll help you prepare your case and guide you through the courtroom procedures.

Finalizing the Divorce

Once all issues are resolved—whether through mediation, negotiation, or trial—the final step is obtaining a divorce decree from the court. This decree legally ends the marriage and outlines the court’s decisions on matters such as property division, spousal support, child custody, and child support.

In Florida, once the judge signs the divorce decree, the divorce is official, and both parties can move forward with their lives. However, it’s important to note that if there are issues such as unpaid child support or disagreements over custody, further legal actions may be required.

Post-Divorce Considerations

The end of a divorce isn’t always the final chapter, especially when children are involved. Even after the divorce decree is issued, there may be modifications to custody or support arrangements as circumstances change. It’s also common for individuals to seek modifications to spousal support or other financial matters after the divorce.

Here are a few post-divorce matters to keep in mind:

• Modifications to custody or support: As children grow or circumstances change, custody arrangements or child support payments may need adjustment.

• Enforcement of orders: If one party isn’t complying with the court orders, such as failing to pay child support or alimony, further legal steps may be required.

• Tax implications: The division of assets and support obligations can have tax consequences, which you may need to address in the future.

At this point, continuing to work with a family law attorney can be beneficial to address any post-divorce issues and help you manage any changes that come your way.

Consult With an Experienced Family Law Attorney

Divorce is a significant life change that brings with it emotional, financial, and legal considerations. Whether it’s understanding your financial obligations, child custody arrangements, or asset division, as a family law attorney, I’ll assist you every step of the way. I have offices in Orlando and West Palm Beach, Florida.

Reach out to me, Stacey Marquez, Esq. at Marquez Law, to schedule a comprehensive consultation. I serve clients throughout Central Florida, including Orange, Osceola, Seminole, the Lake Nona and Saint Cloud areas, and South Florida, including Palm Beach and Broward County.