Frequently Asked Questions

  1. What types of issues are resolved in a divorce proceeding?
  2. What makes a divorce contested or uncontested?
  3. What are the different stages of a divorce?
  4. Are there ways to avoid going before a judge in a divorce case?

1. What types of issues are resolved in a divorce proceeding?

  1. A divorce proceeding resolves several issues, including timesharing with minor children, parenting plans, property distribution, alimony, child support, etc.

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2. What makes a divorce contested or uncontested?

  1. A divorce is “contested” if either of the parties disagree on custody arrangements, property distribution, alimony, or child support.
  2. A divorce is “uncontested” if both parties agree on custody arrangements, property distribution, alimony, or child support.

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3. What are the different stages of a divorce?

  1. Divorces contain several stages of litigation. First, is the filing of the complaint. In this stage, one of the parties petitions the court to dissolve the marriage and then “serves” the petition to the other party. From there, the party served must timely file an answer. The time to file an answer varies by jurisdiction.
  2. The second stage is the discovery phase. This is when a party requests certain information and documents from the other party. In Florida, parties to a divorce are obligated to provide certain documents listed under Florida Statute 12.850.
  3. The third stage is litigation. This is when the parties go before the Court and litigate the issues of the case.

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4. Are there ways to avoid going before a judge in a divorce case?

  1. Absolutely! One of the primary ways is to participate in “mediation.” This process involves an informal setting between the parties with the hopes of coming to a resolution.
  2. Another way is through negotiations between the parties. Usually, a party’s attorney will send a proposal to the other party’s attorney and then the attorney will discuss the proposal with the party.

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