To start the regular dissolution process, either the husband or the wife may file a petition of dissolution of marriage with the circuit court, stating that the marriage is “irretrievably broken” and setting out what he or she wants from the court. The other party then has twenty days to file an answer to the original petition. When they do so, they have the right to address the matters laid out in the original petition and to add any other issues they want to be addressed by the court.
Florida family law court rules require that the two parties then provide each other with certain financial documents and a financial affidavit within forty five days or before any at
temporary relief hearing. If either of the parties fail to provide the required information, the court may dismiss the case or not consider the requests of the non-compliant party. Both parties to the divorce or the court can change these requirements, except for the financial affidavit, which is mandatory if financial relief is sought in the case.
Couples may agree on all terms before or soon after the initial petition is filed, in which case they sign a written agreement which is presented to the court. In these uncontested cases, the divorce can be made final in just a few weeks. If the parties cannot agree, they may be required to seek mediation and may end up in a trial before a judge.
The more a couple can agree on, the easier the process is for them and for any children involved. Find out more about regular dissolution of marriage in Florida at Divorce In Florida.
If you are involved in a divorce or child custody negotiation, please contact our Jacksonville, Florida divorce law firm.