In Florida, starting a divorce case requires petitioners to give their attorney clear answers. The attorney needs details about the defendant in order to deliver the divorce documents properly. All guidelines for the case must be followed to prevent unwanted delays. A local attorney explains the process to any couples who want a divorce.
Delivering the Divorce Summons
An officer of the court must deliver the divorce summons to the defendant. The court requires proof from the officer or a process server that shows the rightful individual receives the documents. The defendant has a period of sixty days to respond to the summons.
Creating a Divorce Agreement
A divorce agreement is created according to state laws. The couple must divide their property as outlined in community property laws. All assets accumulated during the marriage are fair game. Either party could get the assets. The division must be fair and reasonable for both parties. Any assets purchased before the marriage are not marital property, and the original owner retains ownership.
Negotiating Through Mediation
When couples cannot agree on the terms of the divorce, the first step is mediation. The parties meet with their respective legal counselors and discuss all the terms of the divorce. Negotiations are possible, and some couples are able to compromise. However, if the couple is unable to reach an agreement, the court schedules a divorce trial.
Divorce Trials and Child Custody Hearings
A divorce trial requires up to two years to complete, and the court makes all final decisions for the couple. The court reviews the marital estate and determines what parties receive the assets. The income of each spouse and their earning capacity is evaluated before the property division. The judge makes a determination about child custody and support, too.
In Florida, divorce cases start with a summons delivered to the defendant. The summons notifies the defendant about the impending divorce. If the defendant doesn’t respond, the petitioner could get a divorce through a default judgment. The divorce agreement is another issue for some couples and often leads to mediation. Couples who need more answers about filing for a divorce contact Destin divorce attorneys right now.