Skip to Content
Top
Divorce Process

Divorce Process

Want A Faster, More Efficient Divorce? Call 800-822-5170 Today!

Divorce is stressful enough when you know what’s going on, but it can be even more emotionally taxing if you do not arm yourself with the right information. When filing for divorce in Florida, it can significantly reduce your stress if you know what to expect at each critical juncture.

Many of our clients ask, “What is the order of events in divorce?” and “What are all the steps involved in getting a divorce?” If you have similar questions and are in need of help from an experienced legal professional in Pensacola, we encourage you to call The Virga Law Firm, P.A. today at 800-822-5170.

In the meantime, here is an overview of what to expect during a Florida divorce.

Filing a Petition for Dissolution of Marriage

First, you must file petition for divorce in order to get the ball rolling. You can do so whether or not you and your spouse agree on whether or not to divorce and whether or not you have hashed out any details regarding child support, who gets what, and so on. It doesn’t necessarily matter who files the petition, as long as it happens. Florida is a no-fault state, so you do not have to demonstrate that one of you is at fault for the failure of your marriage in order to begin the process of divorce.

Obtaining Temporary Court Orders

Temporary orders are not necessary in every divorce. However, temporary orders are sometimes very important to the well-being of one spouse or of dependent children and family members. In cases where a divorcing couple lives in different residences or experiences sudden, significant financial disparity due to separation, a judge may order what is called temporary alimony to get both spouses through the divorce process with minimal undue difficulty or financial strain.

Temporary orders are also very important when it comes to caring for dependent children and family members while a couple is divorcing. Temporary child custody and child support orders ensure children do not suffer unnecessarily due to their parents’ separation.

Service of Divorce Papers and Response

This happens when one party officially files a divorce petition and someone notifies the other party via newspaper publication, mailing the divorce papers, service by law enforcement or a private servicer, or other means of notification. If both you and your spouse are on the same page, at least when it comes to getting divorced to begin with, you can arrange divorce paper service with your respective divorce lawyers.

In the state of Florida, your spouse has 20 days or less to submit a written response, rebuttal, counter-petition, or other answer to your petition for divorce. You may eventually be able to enter a default judgement against your spouse if they fail to respond, meaning that you may be able to proceed without them and get divorced anyway.

Negotiation of Terms

Unless you are one of those rare couples who agrees on absolutely every aspect of divorce, you will likely need to undergo at least some amount of negotiation and back-and-forth before arriving at a settlement you can be satisfied with (or at least tolerate). This is where having adequate legal representation comes in handy. Without an experienced divorce lawyer by your side to advocate for you, your spouse could take the lion’s share of assets and leave you with limited parenting time, diminished savings, and other negative repercussions.

If you and your spouse are not able to resolve your differences or disagreements via mediation, you may need to take your divorce to court. However, you can significantly reduce the need to take your divorce to court by bringing in a lawyer.

Finalizing Your Divorce

Whether you end in mediation or court, a judge will issue your finalized divorce decree once all is said and done. Your attorney can work with you to prepare an order of dissolution that you are happy with (and that contains any terms agreed upon by you and your spouse), and submit it to the court. Once finalized, the terms of your divorce decree are legally binding.

Need help with a divorce? Call The Virga Law Firm, P.A. at 800-822-5170 today. We can provide the personalized, dedicated service you need.

Our Core Values

  • Why Is Timely Legal Intervention Important in Family Law Matters?

    Timely legal intervention is a pivotal factor in the successful resolution of family law matters. The earlier you enlist professional legal services, the sooner you can begin formulating an effective strategy that addresses your specific needs. Early intervention can help prevent misunderstandings before they escalate into larger conflicts, especially in matters involving custody, property division, or other time-sensitive issues.

    Certain situations, such as seeking a restraining order or modifying an existing court order, can require immediate attention to protect your rights and interests. Waiting can also mean missing out on opportunities to secure advantageous terms, as some decisions, once finalized, can be difficult or impossible to change. By engaging a family law attorney in Pensacola at the onset of your legal journey, you benefit from expert guidance and receive tailored advice that helps safeguard your position and advocates for your familial and financial interests vigorously.

  • What Are the Common Challenges in Family Law Cases?

    Family law cases often encompass several challenges that can complicate the process and require adept legal handling. A common issue is the negotiation of marital property division. Determining who gets what can lead to disputes, especially when considering assets like the family home or retirement accounts. Florida, being an equitable distribution state, mandates that assets are split fairly, but not necessarily equally, which can lead to complex negotiations and require careful legal insight to navigate.

    Child custody and support are another critical aspect of divorce proceedings. Establishing a fair schedule that considers the best interests of the children can be emotionally charged, particularly when both parents are seeking primary custody. Additionally, setting appropriate child support levels requires a thorough examination of both parents' financial statuses and the needs of the children. Given these complexities, having a knowledgeable family lawyer who can offer strategic guidance and support throughout these hurdles ensures that resolutions are reached that respect both your and your family's needs.

  • How Can I Prepare for My First Meeting With a Family Law Attorney?

    Preparing for your initial consultation with a family law attorney can pave the way for an efficient and productive meeting. Start by gathering all relevant documents pertaining to your situation. This might include marriage certificates, prenuptial agreements, financial statements, documentation related to any children, and any correspondence that might affect your legal matter. Having these documents handy ensures that the attorney can get a comprehensive understanding of your situation from the outset.

    Additionally, think through your goals and priorities. Consider the questions you want to ask or issues you need clarity on, such as custody arrangements or financial support. Understanding your objectives helps your attorney develop a strategy that aligns with your desired outcomes. Moreover, be prepared to discuss personal and financial details openly. The better a family attorney understands your circumstances, the more tailored and effective their guidance will be. By approaching the meeting with a clear mind and detailed information, you’ll be well-prepared to lay the foundation for a successful collaboration.

  • What Is Family Law and What Types of Cases Does It Cover?

    Family law encompasses legal matters related to familial relationships. It focuses on resolving disputes and establishing legal frameworks that protect the rights and best interests of family members.

    It covers a wide range of cases, including but not limited to:

    1. Divorce - This is the legal dissolution of a marriage. Divorce cases involve the termination of the marital relationship, including issues like property division, spousal support, and child custody.
    2. Child custody - Child custody cases determine which parent or guardian will have legal and physical custody of a child or children. These cases can be contentious when parents cannot agree on custody arrangements.
    3. Child support - Child support cases deal with the financial support that one parent must provide to the other for the upbringing of their child or children. The amount is typically determined based on the parents' income and the child's needs.
    4. Spousal support (alimony) - Spousal support cases involve determining whether one spouse should provide financial support to the other after a divorce. The court considers factors like the length of the marriage and the financial needs of the recipient spouse.
    5. Property division - In divorce cases, the division of marital assets and debts is a crucial aspect. Family law courts help determine how property should be divided between the spouses.
    6. Paternity - Paternity cases address the legal recognition of a child's biological father. This can be relevant for custody and child support matters.
    7. Domestic violence - Family law also deals with cases related to domestic violence, which may involve seeking protective orders or restraining orders to protect victims from abuse within the family.
    8. Prenuptial agreements - Prenuptial agreements are contracts entered into by couples before marriage to outline how assets, debts, and other financial matters will be handled in the event of divorce or death. Family law can be involved in enforcing or challenging the validity of these agreements.

    In addition to these areas, family law may address issues related to guardianship, adoption, and the welfare of children. Guardianship cases can determine who is legally responsible for the care of an individual unable to care for themselves, particularly minors or elders. Adoption laws facilitate the legal adoption process, ensuring that adoptive parents have the rights and responsibilities of a biological parent. By securing the welfare of children through court intervention when necessary, family law plays a crucial role in prioritizing children's safety and best interests.

  • Do I Need a Lawyer for My Family Law Matter or Can I Handle It on My Own?

    While it is possible to handle certain family law matters on your own, having an experienced Pensacola family law attorney by your side can greatly benefit you. Family law cases can be complex, emotionally charged, and have long-term consequences. An attorney can provide legal advice, guide you through the process, protect your rights, and help achieve the best possible outcome for your case.

    Here are some of the benefits of hiring a family law attorney in Pensacola:

    • Legal Knowledge: Family law attorneys have the necessary education and familiarity with family law matters. They are well-versed in the relevant statutes, regulations, and legal precedents, allowing them to navigate the complexities of family law scenarios.
    • Objective Advice: An attorney can provide an objective perspective on your matter. Emotions can run high in family disputes, and having a neutral professional can help you make rational decisions and avoid impulsive actions.
    • Legal Strategy: Attorneys can develop a legal strategy tailored to your specific situation. They can assess the strengths and weaknesses of your matter and guide you on the best course of action to achieve your goals.
    • Paperwork and Documentation: Family law cases often involve extensive paperwork and documentation. Attorneys can help you prepare, review, and file all necessary documents accurately and on time, reducing the risk of errors or delays.
    • Negotiation and Mediation: Attorneys can act as intermediaries in negotiations or mediation, helping you reach mutually beneficial agreements with the other party. This is particularly valuable in cases involving divorce, child custody, or property division.
    • Court Representation: If your matter goes to court, an attorney can represent your interests and advocate on your behalf. They are experienced in courtroom procedures, can present evidence effectively, and argue your case persuasively.
    • Protecting Your Rights: Attorneys are skilled at safeguarding your legal rights and ensuring that your interests are protected. They can help you understand your rights and responsibilities in the legal process.
    • Familiarity with Local Laws: Family law can vary by jurisdiction, so hiring a local attorney ensures that you receive advice and representation that aligns with the specific laws and practices in your area.
    • Efficiency and Time-Saving: Attorneys can streamline the legal process, potentially saving you time and stress. They know how to prioritize tasks and avoid unnecessary delays.
    • Emotional Support: Dealing with family law matters can be emotionally draining. Attorneys can offer emotional support and guidance, providing reassurance during a challenging time.
    • Financial Protection: While hiring an attorney involves costs, their advice can potentially save you money in the long run. They can help you make informed decisions that may lead to more favorable outcomes, such as equitable property division or fair support agreements.
    • Enforcement and Compliance: If your matter involves court orders, such as child support or custody agreements, attorneys can help ensure that the other party complies with these orders and, if necessary, take legal action to enforce them.

Take the Next Step

Request a Consultation with The Virga law Firm Today!
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to receive text messages from The Virga Law Firm, P.A. at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy
  • "He listened carefully."
    He answered in a way that helped me understand the law better.
    - A Divorce Client
  • "Fast and supportive service."
    The Virga Law Firm, P.A. was a blessing during my divorce. Always available for questions, they made the process fast and fair. No need to fight—they handled it all. I'd recommend them in a heartbeat.
    - Visi, A Divorce Client
  • "Gerard has been monumental to my case."
    Gerard has been monumental to my case. I recognized I needed an attorney who was committed to a positive outcome for my children and I. Gerard made himself available to answer all of my questions and concerns. I felt very comfortable working with the Virga Law Firm.
    - A Divorce Client
  • "Eager to help and fight for clients."
    I will definitely be recommending to anyone I know that needs a child custody or divorce attorney!
    - A Divorce Client