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Divorce can be a complicated legal process. Before you begin, you should consult with an experienced attorney to understand the divorce process. Be aware that a divorce is an adversarial action. You and your spouse will be pitted against each other as you assert your mutual claims to children, property, alimony and other marital interests. You will need a thorough understanding of the legal burdens that must be met, and the procedures that are utilized to resolve your case. Meanwhile, you must be prepared to weather the emotional toll imposed by often rigid, yet necessary court proceedings that will decide the outcome of your case. We help clients navigate the divorce process with ease and confidence.

Be Smart. Hire Smart.

Create a Court Environment that’s favorable for your Divorce with The Wheeler Firm.

Almost no one knows what to expect when they decide to pursue a divorce. Unless you and your spouse have agreed to the terms of an uncontested divorce, the divorce will likely be a time-consuming process that is emotionally taxing, and it can be even worse without experienced legal support. Learning about the legal timeline of events that lead up to a judgment of divorce will help you understand the process, and give you a better understanding of what you should expect as you move through the divorce process.

Step #1: Get Started

To begin, you or your spouse will need to hire an experienced divorce attorney. The attorney will provide you with a description of the divorce process, and gather necessary information to draft the divorce documentation. The primary document to prepare is the divorce complaint. This document sets out the reason the case is being filed. It also provides basic background information concerning the parties’ marriage, and it generally describes what you are asking the court to do in your case. This might include asking the court for custody of children, asking for an award of alimony or child support, asking to be awarded property or funds, or a request for some combination of all of the these demands for relief. Every case is unique and your complaint can be tailored to your specific circumstances..

Step #4: Mandatory Financial Disclosure in Florida Divorce Cases

The parties will then engage in financial disclosure, which is required in Florida pursuant to Family Rule of Procedure 12.285. This will include the completion of financial affidavits to general describe each parties’ financial condition and the submission of supporting documentation to verify that condition. Financial disclosure is important as the parties determine how property and debt will be divided in the case. The verification of income information can also assist with the calculation of child support if children are involved in the case.

Step #5: Mediation

Mediation is mandatory in Florida divorce cases. The idea is to force the parties to meet in a particular location, usually one of the attorney’s offices, and attempt to reach a settlement. The parties are not in the same room and the mediator goes back and forth between the parties to attempt to reach an agreement. Mediation is an informal process with no judge or court reporter being present. Mediation is also confidential, so either party may make an offer of settlement without the fear of that settlement offer being used against them at a trial in the event a settlement is not reached.

Step #7: A Trial

If a settlement is not reached the divorce goes to trial. The attorneys defending each party will present witness testimony, evidence and legal arguments for each side and attempt to persuade the court to award their client relief. The judge will then decide the case by resolving all issues, including custody and visitation, child support, and spousal support and the division of property and debt. The court will also determine whether one party should pay the attorney’s fees for the other party. The decision will be included in a Final Judgment of Divorce and filed with the Clerk of Court.

Step #8: Appealing a Decision

If either or both spouses do not agree with the judge’s decision they can file an appeal, and take the case to a higher court. It is, however, not likely that an appeals court will overturn a judge’s decision in a divorce. Trial court judges are given a great deal of discretion when interpreting the facts of the case, although the trial court is given no discretion when interpreting the law. As a result, appellate attorneys typically rely upon misapplications of the law to file an appeal. Further, no further evidence will be admitted in the appeals court. Rather, the appellate court will review the evidence and application of the law in the trial court to determine whether the decision should be affirmed or reversed.

A Timeline Without a Timer

While the divorce proceedings will unfold as described above, it’s not unusual for each step to take an undetermined amount of time. Some portions of the divorce will take much longer than others and the backlog of a court docket can lead to lengthy delays. It is important to keep a level head throughout the proceeding, and the best way to equip yourself for this process is to hire a lawyer with extensive experience, and who is compassionate for your case - Turn to the Wheeler Firm.

Change Your Power of Attorney and Living Will

If you have a power of attorney or Living Will, change it now rather than later to ensure there is no confusion about who you intend to manage your affairs, or inherit your estate. Getting divorced doesn’t automatically alter documents in the eyes of those who are asked to rely upon them, so you’ll need to amend or revoke these documents as appropriate.

Avoid Pregnancy

Having a child is a wonderful thing, but it can cause legal issues for the parties since any child born during a marriage is presumed to be a product of the marriage. Traditionally, divorces were put on hold until the child was born and paternity could be determined, but that is rarely the case today. In any event, the birth of a child during a divorce case can result in disputes over paternity and other issues to resolve concerning the parties relationship (or lack thereof).

Don’t Throw Out the Possibility of an Uncontested Divorce

Even if your case is filed as a contested case, it can become uncontested at any point if you and your spouse reach an agreement to settle all of the issues. This often happens as the parties wish to avoid the time, cost and stress of a contested divorce proceeding.

Think of The Children

This goes without saying, and we’re sure you already pursuing the best interests of your children. While you’re going through the divorce, however, some parties tend to lose sight of the fact that they are caught in the middle of the dispute. Try not to involve them in the litigation, or disparage your spouse. Focus on the family, not the animosity you may have for your spouse. Keep your children’s needs at the top of your list of priorities.

Find a Therapist

Seeing a therapist is one of the best ways to approach emotional stress of any kind. Don’t be afraid to lean on a therapist to help you with the details of the divorce. They can’t offer legal advice, obviously, but they can offer an experienced ear to talk to and coping mechanisms that you otherwise wouldn’t have. They can show you how to relax in a healthy fashion, how to speak to your kids about what’s going on, and how to remain calm and collected through the divorce process.

Keep Your Finances in Order

When you’re litigating the case and negotiating for a settlement, try to maintain a secure financial condition. Avoid unnecessary debt. Consider whether you can afford to maintain the marital residence, or whether you should defer that responsibility to your spouse. Consider what assets you will need after the divorce, and which marital debts you will be responsible for after the case is over. Keep in mind that after the divorce you will have one source of income to satisfy your bills.

What Is An Uncontested Divorce? ↓

It is a divorce where both parties agree to all of the terms of a divorce judgment, and a settlement
agreement is signed resolving all issues in the divorce, including parenting issues, child support, the
division of property and debt and alimony.

How Much Does It Cost to Get Divorced? ↓

The total cost of the divorce will vary, depending on whether the divorce is contested or uncontested,
and the number of issues involved. Some cases do not involve minor children, and others do. Some do
not involve a claim to alimony, while others will. For this reason, it’s hard to say what exactly a divorce
will cost unless the case is uncontested from the start.

What If I Can’t Locate My Spouse? ↓

If you’re unsure where your spouse is, you can still get a divorce. You’ll need to jump through some legal
hoops to prove you have diligently searched for them, but if you still can’t locate your spouse after
engaging in that search, you can pursue a divorce by publication. This process allows you serve your
spouse with your divorce petition through a local newspaper. Once you’ve finished with publication, you
can proceed with the divorce case and seek relief from the court.

Why Choose Us?

Led by experienced family attorney, Andrew D. Wheeler, The Wheeler Firm is firmly committed to the protection and security of every client and their family. Working to ease the stress of divorce and elder care, our team fights to help families transition through difficult times with ease. With more than 15 years of legal experience, and licensed by both the Florida and Alabama bar associations, we promise exceptional representation and advocacy.

divorce | adoption | guardianship | elder law

Divorce Services

Be Smart. Hire Smart.

Create a Court Environment that’s favorable for your Divorce with The Wheeler Firm.

The Timeline of A Divorce

Step #1: Get Started

Step #2: File the Case

Step #3: The Response

Step #4: Mandatory Financial Disclosure in Florida Divorce Cases

Step #5: Mediation

Step #6: Obtain Court Approval

Step #7: A Trial

Step #8: Appealing a Decision

A Timeline Without a Timer

Things To Consider or Avoid During Divorce

Change Your Power of Attorney and Living Will

Avoid Pregnancy

Don’t Throw Out the Possibility of an Uncontested Divorce

Think of The Children

Find a Therapist

Keep Your Finances in Order

Schedule a Consultation
With an Attorney

divorce faq

What Is An Uncontested Divorce? ↓

How Much Does It Cost to Get Divorced? ↓

What If I Can’t Locate My Spouse? ↓

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Contact Us

Why Choose Us?

divorce | adoption | guardianship | elder law

Be Smart. Hire Smart.

Create a Court Environment that’s favorable for your Divorce with The Wheeler Firm.

The Timeline of A Divorce

Step #1: Get Started

Step #2: File the Case

Step #3: The Response

Step #4: Mandatory Financial Disclosure in Florida Divorce Cases

Step #5: Mediation

Step #6: Obtain Court Approval

Step #7: A Trial

Step #8: Appealing a Decision

A Timeline Without a Timer

Things To Consider or Avoid During Divorce

Change Your Power of Attorney and Living Will

Avoid Pregnancy

Don’t Throw Out the Possibility of an Uncontested Divorce

Think of The Children

Find a Therapist

Keep Your Finances in Order

Schedule a Consultation With an Attorney

divorce faq

What Is An Uncontested Divorce? ↓

How Much Does It Cost to Get Divorced? ↓

What If I Can’t Locate My Spouse? ↓

Recent Posts

Contact Us

Why Choose Us?

Schedule a Consultation
With an Attorney