Jacksonville Divorce Lawyers
Serving Jacksonville, Jacksonville Beach and clients throughout Florida
Starting a Divorce Case
A divorce case is initiated by either the husband or wife by filing a “Petition for Dissolution of Marriage.” The Petition states what the filing party seeks in the divorce (property, money, house, children, etc.) After the Petition is filed it is then “served” on the other party.
The party who receives the divorce Petition must file an “Answer” within 20 days or the serving party will receive everything requested in the original Petition by “default.”
If you are served with a Petition for Dissolution it is important that you seek legal assistance immediately to avoid default.
The Next Step-Discovery
The discovery process involves both parties disclosing all income, expenses, assets and liabilities. All of these discovery documents and their responses carry significant legal consequences and should not be handled without the assistance of an attorney.
Each party involved in a dissolution of marriage will work closely with their Jacksonville Divorce Lawyers to provide documents pertaining to:
• Daycare expenses
• Health insurance
• Tax obligations
• Tax return filings
• and sometimes pending personal injury, workers compensation, or bankruptcy suits / actions.
Regardless of your role in the marriage, you are entitled to legal representation during your divorce proceeding. During the divorce process you will likely have to discuss:
• Division of Assets and Liabilities – This divides real and personal property, liabilities that include debts, etc. The courts will not necessarily divide everything 50/50. Florida is an equitable distribution state. Equitable means a “fair” division, not a 50/50 division; therefore, often it is best if both parties can come to an agreement before going to Court.
• Child Custody and Support (if applicable) – New laws regarding Florida’s family parenting plan will dictate how custody, visitation, and child support are paid; therefore, it is best to consult an attorney that is familiar with these terms and conditions.
• Determine Parenting Time – An attorney can help you determine child custody and a parenting plan for the children involved in the marriage. These decisions are based on what is best for the child or children involved, but an attorney can help you negotiate visitation, or keep composure during a trial (if applicable).
• Spousal Support (if applicable) – When it comes to spousal support, you do have some options. An attorney can work discuss the various types of alimony and if your situation would qualify for support.
- Should You File a Surprise Divorce?
- How to Hire a Divorce Lawyer
- What To Do If You Have Been Served Divorce Papers
- How do I Start a Divorce Case?
Resolving Issues before Trial and Mediation
Mediation is a meeting of the parties, their attorneys, and a mediator. A mediator is a neutral third party who is usually an attorney who has specialized in family law.
The mediator can help the parties reach an agreement by acting as a “go-between” to help negotiate the parties’ differences. Mediation is an excellent opportunity for parties to conclude their case prior to trial.
Divorce cases are most often resolved through mediation rather than going through trial. By working with their attorneys, the parties can then put the agreement in writing and usually the Court will grant the divorce pursuant to the agreement.
Get Assistance with Jacksonville Divorce Lawyers
If you are ready to start divorce proceedings or have been served a Petition for Dissolution of Marriage, please call 904-398-2212 today or contact Hardesty, Tyde, Green & Ashton, P.A., for your consultation with our team of experienced Jacksonville Divorce Lawyers.
Our lawyers will be happy to answer your questions and ensure that our firm is a good fit for your representation.