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I cannot say enough good things about Attorney Morse and her team. They are incredibly professional, quick to respond, and highly knowledgeable(...)
Ending a marriage is a complex, stressful journey. Navigating the local court system can be overwhelming. You need clear information and a strong legal team. The Law Office of Erin Morse understands the emotional and financial challenges that families face, and it takes an aggressive and creative approach to family law. We aim to help your family navigate divorce without a generic, drawn-out procedure. This guide explains every step of the divorce filing process.
Step 1: Meeting Florida’s Residency and Ground Requirements
Before filing for divorce in Orlando, you must meet two essential Florida requirements, or the court will reject your case.
- Establishing Florida Residency:
One party must have resided in Florida for at least six months immediately preceding the filing of the Petition for Dissolution of Marriage. Proof of residency (e.g., driver’s license or voter registration) is required.
- The “Irretrievably Broken” Marriage:
Florida is a “no-fault” divorce state. The legal standard for dissolution is that the marriage is “irretrievably broken.” This standard applies to nearly all divorce cases in Orlando.
Step 2: Choosing Your Path: Simplified vs. Regular Dissolution
Orange County divorces follow two paths: Simplified Dissolution (Uncontested) or Regular Dissolution.
Simplified Dissolution is the quickest option (potentially finalized in 30 days) and requires all of the following: no minor children, wife is not pregnant, both spouses agree on all asset/liability division, neither seeks alimony, and both agree to the simplified process and attend the final hearing together.
Regular Dissolution is necessary if you have minor children or cannot agree on any issue (property, debt, support). This framework is used for all contested divorces and divorces involving children, necessitating a robust legal approach, whether in mediation or court.
Step 3: Filing the Petition and Serving Your Spouse
The divorce process starts when the Petitioner (the filing spouse) submits the Petition for Dissolution of Marriage and other required forms to the Orange County Courthouse in downtown Orlando. The documents must then be formally served on your spouse by a process server or the sheriff’s office, officially notifying them of the lawsuit. Your spouse has 20 days to file an Answer. If they file a Counter-Petition, our office will file a strong response.
Step 4: Mandatory Financial Disclosure
The Florida Family Law Rules of Procedure are strict about financial transparency. Both spouses must complete and exchange mandatory financial documents within 45 days of the Petition being served. These documents include a Family Law Financial Affidavit and supporting records, such as pay stubs, bank statements, tax returns, and asset valuations.
We cannot stress enough the importance of a transparent and accurate financial disclosure. Hiding assets or debt is a serious offense that will only weaken your case and draw the judge’s ire.
Step 5: Equitable Distribution of Marital Assets and Liabilities
Florida law mandates “equitable distribution” of property in a divorce. The law presumes an equal (50/50) split of marital assets and liabilities (acquired during the marriage) is equitable, while non-marital property (acquired before marriage or via gift/inheritance) is excluded.
The court process is: 1) Classify assets/liabilities as marital or non-marital, 2) Value marital assets/liabilities, and 3) Distribute them equitably.
Courts can order an unequal distribution if there is evidence, such as one spouse wasting funds, that supports it. We aggressively advocate for the distribution that best serves your interests.
Step 6: Addressing Children: Parental Responsibility and Time-Sharing
In Florida, when children are involved, courts prioritize the child’s best interests. “Custody” is now referred to as Parental Responsibility (decision-making) and Time-Sharing (schedule). Courts favor Shared Parental Responsibility, giving both parents full rights, with sole responsibility reserved for rare cases of abuse or neglect.
A mandatory Parenting Plan must outline the time-sharing schedule and all decisions. If parents disagree, a judge will impose a plan. Child Support is calculated using a statutory compulsory formula based on both parents’ net incomes, overnights, and costs for insurance and childcare; legal representation ensures accurate input data.
Step 7: The Role of Mediation and Finalizing the Case
In most Orlando Regular Dissolution cases, the court mandates Mediation—a confidential process where a neutral third party helps spouses negotiate a settlement—before a final hearing.
If an agreement is reached, attorneys prepare a Marital Settlement Agreement and Final Judgment. A brief, uncontested hearing follows, during which the judge signs the final documents.
If mediation fails, the case becomes truly contested, leading to a final Trial. At this stage, you need a firm prepared to fight aggressively in court.
Do Not Navigate the Storm Alone
The Florida divorce process is a legal minefield, overwhelming during an emotional separation. We understand the Ninth Circuit’s procedures, judges, and systems. Beyond aggressive litigation, we offer a personalized approach, including hybrid coaching and marketing management to help you transition out of your marriage. Start building your aggressive strategy with us today; don’t wait for the storm to overwhelm you. Call us now at (407) 900-7451 for a consultation. We are committed to guiding your family creatively and effectively through this difficult time toward the best possible outcome.
