Contested Divorce with No Children in St. Johns, FL

A contested divorce in Florida can be complex and challenging, even when no children are involved. Understanding the specific legal requirements and steps can help you better prepare for the process and make more informed decisions. A contested divorce lawyer in St. Johns, FL, can help protect your rights.

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Grounds for Contested Divorce in Florida

Florida law allows for both no-fault and fault-based reasons for divorce. The most common reason cited in Florida is the irretrievable breakdown of the marriage, which means that the marriage is unrepairable. In some cases, the mental incapacity of one of the spouses can also be a valid ground for divorce.

Filing for Divorce

The process begins with one spouse filing a petition for dissolution of marriage. This document outlines the grounds for divorce and any other relevant information. The filing spouse must provide the other spouse with a copy of the petition and a summons. The receiving spouse then has a set period to respond.

Discovery Phase

After filing the initial paperwork, both parties engage in the discovery phase. During discovery, spouses exchange documents and information about their finances, assets, and debts. This phase ensures both sides have a complete picture of the marital estate. Financial affidavits, tax returns, bank statements, and property deeds are standard documents exchanged during this phase.

Mediation

Florida courts often require mediation to encourage settlements and reduce court congestion. During mediation, both spouses meet with a neutral third party—the mediator—who helps facilitate discussions and negotiations. The goal is to agree on contentious issues without going to trial. If mediation is successful, the mediator drafts a settlement agreement for both parties to sign.

Pre-Trial Procedures

If mediation fails, the case moves to pre-trial procedures. During this stage, both parties gather evidence and witness testimonies. Attorneys may file legal motions, such as those to compel the production of documents or for summary judgment. Pre-trial conferences with a judge clarify unresolved issues and set the groundwork for the trial.

Division of Assets and Debts

Florida follows the principle of equitable distribution, meaning that the court may divide marital assets and debts, although in a fair but not equal manner. The court considers several factors when determining a fair distribution, including the length of the marriage, each spouse's financial situation, contributions to the marriage, and future earning potential. Non-marital assets, such as property owned before marriage or inheritances, remain with the original owner.

Alimony

Even without children, alimony may be a consideration. Florida courts evaluate several factors when deciding whether to award alimony. These factors include the length of the marriage, the income and earning capacity of each spouse, the standard of living established during the marriage, and each party's contributions to the marriage. The court may award temporary, rehabilitative, or permanent alimony.

Trial

If all attempts at resolution fail, the case proceeds to trial. Both spouses present evidence and witness testimonies during the trial to support their positions. The judge listens to both sides and decides on all unresolved issues, including the division of assets and alimony. Trials can be time-consuming and expensive, so many couples strive to reach an agreement before this stage.

Final Judgment

After the trial, the judge issues a final judgment of divorce. This document outlines the court's decisions on all contested issues. Once signed by the judge, the marriage ends. Both parties must comply with the terms of the final judgment, and failure to do so can result in legal consequences.

Post-Divorce Considerations

After the divorce finalizes, both parties may need to address various post-divorce matters. These include dividing retirement accounts, updating beneficiary designations, and changing legal documents such as wills and powers of attorney. In addition, either party can request modifications to the final judgment if there is a substantial change in circumstances.

Florida Women’s Law Group

A contested divorce in Florida without children involves numerous steps and legal considerations. Preparing for each phase can help you mitigate stress and make more informed decisions. Consulting with a qualified contested divorce attorney in St. Johns, FL, can also provide valuable guidance and help you navigate the complexities of the legal system. By understanding your rights and responsibilities, you can work toward achieving a fair and equitable resolution. Contact the Florida Women’s Law Group for the legal assistance you need. You can reach us by completing our online message form on our website.