Tampa divorce lawyer Christophe Fiori employs a client based approach when working with men and women going through the legal process of a divorce. Chris will spend the time to thoroughly understand the facts in your case to provide you with comprehensive and realistic legal evaluations.
The breaking-up of a family can be a life changing experience for some people, making the legal process of divorce unnecessarily stressful and contentious. Florida family laws are designed to promote discussion and settlement between the parties in an effort to minimize any potential harm to the spouses and their children caused by the process of the legal dissolution of a marriage.
Contested divorce case means that your spouse have not reached an agreement on all issues of your divorce. Attorney Christophe Fiori represents men and women in divorce before Florida family courts, where parties disagree on some or all issues of their case. While a mutually agreed outcome is favored, parties are sometimes unable to resolve all issues, and court action is required.
Speak with an experienced family law attorney for a free consultation to discuss your case in a confidential and professional setting. Call (813) 333-1660 or Request a free Consultation.
If you are the party who initiates the Divorce or Dissolution of Marriage process, you are the Petitioner. If you have been served with divorce papers, you are called the Respondent.
You may obtain a divorce in Florida if you have established residency in Florida. Generally, you may file for divorce in the county in which you reside in, or the county in which the marital home or other marital real property is located.
After receiving service of the petition for dissolution of marriage, the respondent has twenty (20) days to file an Answer to the Petition for Dissolution of Marriage.
If no Answer to a Petition for Dissolution of Marriage is filed, the Court may enter a default against the respondent.
After an Answer is filed by the Respondent, both spouses are required by law to exchange certain documents and information which are used to prepare for trial and to assist the court in judging certain aspects of the case, including parental responsibility and time-sharing, child support, alimony and equitable division of marital assets and liabilities.
Attendance and completion of a parenting class is required of both parties in a family law case involving minor or dependent children.
Once all required documents and papers have been filed, the case is ready to be set for trial. A trial may last anywhere from a few hours to a few weeks depending upon the amount of evidence that is presented and the complexity of the issues involved.
Generally, evidence that the marriage is 'irretrievably broken', and that one or both of you has been a resident of Florida prior to the filing of a divorce.
In most cases, the filing party will testify that the marriage is broken and cannot be put back together. proof of Florida residency can usually be proven by producing a Florida Driver License. Florida family law does not require a proof of fault to obtain a divorce.
Because Florida is a no-fault state, it is not necessary for you to prove that your spouse did anything wrong in order for you to obtain a divorce or dissolution of marriage. In fact, courts are authorized to grant a divorce even if the other spouse does not want or does not consent to the divorce. A divorce will be granted with proof of residency and testimony that the marriage is broken.
The party filing for divorce must attend a short final hearing in court.
Florida Statutes 61.021 requires that at least one of the parties to a marriage reside in Florida six months prior to the filing of a petition for dissolution of marriage before a court can enter a final judgment of divorce.
Residence means "an actual presence in Florida coupled with an intention at that time to make Florida the residence."
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