Ledezma Family Law Firm
Divorce Process Law Firm In South Florida
Dissolution proceedings are initiated when a spouse files a petition for dissolution. For this to occur ONLY one party must be a resident of the state. The petition must be properly served on the other spouse with a summons. Upon receipt of the petition the respondent (spouse who did not file) must file either an answer or counter-petition within 20 days after being served with the petition.
Once the divorce proceedings are underway both parties can elect to participate in discovery. Florida has a statutory mandatory disclosure requirement whereby required documents such as financial affidavits, tax returns and bank statements will be exchanged within 45 days from the initial pleading (serving of petition) on the respondent.
During this period, motions for temporary relief on matters such as child support, alimony, and attorneys fees can occur. Typically four of five months in the divorce proceedings, the Judge will order that mediation should take place. At mediation, an agreed upon mediator will be used to attempt to work out all the issues in the divorce. The issues to be decided at mediation include but are not limited to division of marital property/liabilities, parental responsibility, child support, alimony and even attorney’s fees.
If an agreement is not reached at mediation then the case is set for a trial in front of the Judge. Before the trial, depositions can take place and motions filed. At the trial, witnesses can testify and documents can be admitted into evidence. At the conclusion of the trial the Judge will decide all the issues.
Once the divorce proceedings are underway both parties can elect to participate in discovery. Florida has a statutory mandatory disclosure requirement whereby required documents such as financial affidavits, tax returns and bank statements will be exchanged within 45 days from the initial pleading (serving of petition) on the respondent.
During this period, motions for temporary relief on matters such as child support, alimony, and attorneys fees can occur. Typically four of five months in the divorce proceedings, the Judge will order that mediation should take place. At mediation, an agreed upon mediator will be used to attempt to work out all the issues in the divorce. The issues to be decided at mediation include but are not limited to division of marital property/liabilities, parental responsibility, child support, alimony and even attorney’s fees.
If an agreement is not reached at mediation then the case is set for a trial in front of the Judge. Before the trial, depositions can take place and motions filed. At the trial, witnesses can testify and documents can be admitted into evidence. At the conclusion of the trial the Judge will decide all the issues.
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