If your income is very low, you may qualify for free representation from Legal Aid. And if your spouse earns substantially more than you do, the court might order your spouse to pay your attorney's fees at the end of the case. An attorney might — or might not — be willing to take your case even if you can't pay, if there's a good chance of getting the court to order your spouse to pay your fees.
Many, many cases are resolved through divorce mediation. It is a lot cheaper to have a mediator--a trained, neutral third party--help you and your spouse negotiate than it is to pay lawyers to argue and prepare for trial. Mediators cannot force a settlement on anyone, but they can show people what would be a reasonable settlement, and advise them as to what the court may do if there were a trial.
Sometimes it is just good to have a neutral person, who both sides will listen to, help with the settlement negotiations. Check out our section on Divorce Mediation to find out if it will work in your divorce case.
If you're in danger, call the police or a domestic violence hotline like SAFE. Even before you file for divorce, you can get a restraining order from the court, without notifying your spouse. Consult the clerk of court or a lawyer. If the court issues a restraining order on this basis "ex parte" , there will be a court hearing within a number of days where your spouse can argue against the order.
Once the divorce process begins, the court can order your spouse to leave the house especially if you have children and stay away from you. Domestic violence cases have priority in the court system and are heard quickly. Learn more about Domestic Violence.
What if I need temporary alimony or child support before the final hearing in my case? Click on the different category headings to find out more. You can also change some of your preferences. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer.
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Please be aware that this might heavily reduce the functionality and appearance of our site. Changes will take effect once you reload the page. If you and your spouse have made the decision to part ways, find out just how long does it take for a divorce to finalize in Florida.
A Simplified Divorce A simplified divorce is the fastest divorce process. At that hearing, the divorce will be finalized, as long as everything you submitted was correct.
An Uncontested Divorce Case An uncontested divorce case is similar to a simplified divorce in that both spouses are in complete agreement on every detail. An Initially Contested Divorce Initially contested divorce cases are the most common types of Florida divorces. Contested Divorces Take the Longest Contested divorces are the long, drawn-out battles you hear about from friends or watch on TV dramas.
Some of these cases go to trial, but either way, the process is usually long and unpredictable. Our Orlando Law Office. OK Learn more. Cookie and Privacy Settings. How we use cookies. Essential Website Cookies. Lightly contested cases can take anywhere from 4 months to a year to process, while heavily contested cases can take up to 2 years to finally reach a settlement. Unfortunately, many divorcing couples believe that they can speed up the process by doing it themselves.
This is rarely the case because divorcing couples often make mistakes during the filing process. If you have concerns regarding your divorce and you wish to go through the process as quickly and efficiently as possible, call the Coral Gables divorce lawyers at Estevez-Pazos Law Firm, P.
To avoid making divorce or legal separation mistakes, call us immediately for your consultation at or fill out our confidential contact form and someone will call you back. Enforcing a Divorce Settlement in the State of Florida. Florida requires that either the petitioner or respondent have lived within state lines for the past 6 months.
To prove residency, you can Be physically present in Florida for 6 months Prove the intention of residency during that period of time. To prove residency, you can give testimony, provide a lease agreement on an apartment or home, or obtain a Florida driver's license. Response to petition — After the petition has been filed and served, the other spouse has a period of 20 days in which to prepare and file a response. The response may either accept the terms which were proposed in the original petition, or it may be a challenge to the petition, with its own counter-claims.
If the respondent does not file a response before the deadline, the petitioning spouse may request a default be entered, making it possible to win by a lack of involvement by the other party. Bear in mind, you cannot personally serve your spouse. This must be done by someone over 18 and doesn't have a personal agenda within the case. Many people have utilized the services of a local sheriff or licensed process server.
Temporary hearings — It is possible to schedule a temporary hearing immediately after this day period, at which either spouse may file a motion for temporary relief.
The goal of pursuing such a motion is to obtain temporary orders or injunctions concerning the dissipation of finances, possession of the marital home, alimony payments and child custody and child support. You and your spouse will both be required to exchange bank records, tax returns, k s and other financial statements.
This can also be seen as the "discovery" phase, where a financial affidavit must be filed within 45 days of the original divorce petition. Hidden assets may also be uncovered during this phase, usually with the help of an experienced attorney. Alternative dispute resolution — Once everything has been laid out in the open, you and your spouse will most likely be required to attend mediation in an attempt to avoid a contested divorce in the courtroom.
In mediation, you and your spouse will meet with a neutral third party whose role is to facilitate discussion, rather than to advocate for either party and to assist you and your spouse in the pursuit of an amicable resolution.
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