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Divorce Procedure FAQ

Gainesville, Florida Divorce Attorneys

How do I obtain a divorce?

A divorce case (also called a dissolution of marriage) is started when one spouse files a legal document called a "Petition for Dissolution of Marriage." The Petition contains factual statements about the marital history, the spouses, the children (if any) of the marriage, marital property, and other relevant issues. The Petition is then served by the Sheriff on the other spouse, who then has 20 days to respond by filing a formal document called an Answer. The other spouse may also file a Counter-petition for Dissolution of Marriage. Once the initial legal documents are filed, the parties will exchange financial information (called "mandatory disclosure"). They must then attend a mediation, which is required by the Court in most cases. If the case is resolved at mediation, the parties will see a judge to finalize the settlement. If the case is not resolved, the parties will begin preparing their cases for trial.

What is the residency requirement to obtain a divorce in Florida?

To obtain a divorce in Florida, one of the spouses must have been a Florida resident for at least six months before filing the Petition for Dissolution of Marriage.

Where should I file for divorce?

Florida law requires that a divorce case be heard in the county in which the husband and wife last resided together with the intent to be married.

How much does it cost to file for divorce?

Although fees may vary slightly by county, it generally costs $408.00 to file the initial Petition for Dissolution of Marriage. Other fees may also be applicable, such as a fee to have the Clerk of the Court issue a summons to the other spouse, and a fee to have the Sheriff serve the summons and Petition on the other spouse.

How long does a divorce case take?

Although Florida court rules set a suggested timeframe of six months for completion of a divorce case, some cases may continue for a year or longer. The specific facts and circumstances of each case will dictate how long the case will take to bring to resolution. Judges are generally very proactive about moving cases along as quickly as possible.

Will I have to wait until my case is over to get child support, alimony, or court-ordered visitation with my children?

No. The Court has the ability to enter temporary orders for child support, alimony, child custody, and child visitation.

For a free consultation with one of the experienced and compassionate divorce lawyers at The Law Office of Silverman and Vorhis, call 352-240-1973 today.

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The Law Office of Silverman, Vorhis & Doan
311 North East 1st Street
Gainesville Fl 32601

Toll Free: 866-663-4902
Local: 352-240-1973
Fax: 352-505-6188

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