If you’re just beginning the divorce process, you’ve likely got a number of questions and concerns that you need answered. Chief among them is probably, “Will I have to go to court if my spouse files for divorce?” Unfortunately, there’s not a definite answer to this, and the divorce process will look different for every couple. If you’d like to speak with an  experienced divorce attorney  in Florida, reach out to Veliz Katz Law today to discuss your options. From his offices in Orlando, Florida, David W. Veliz can help clients throughout central Florida including Kissimmee, Winter Park, and Maitland.

If you and your spouse can still communicate with one another and agree on some basics, you can typically avoid going to court. However, this isn’t always the case. In general, divorces can be divided into one of three categories: contested, uncontested, and collaborative.

Depending on your circumstances this process may look slightly different, but in general, you can expect the following when going through a divorce (called a “dissolution of marriage”) in Florida. You may be able to qualify for a “simplified dissolution of marriage” if you have no joint children, agree on your division of assets, and no one will be seeking alimony. For all others, you may need to pursue a “regular dissolution of marriage.”

The first step is to file a petition with the court. This can be done by either spouse in the county where the couple lives, or where one spouse currently lives. Whoever receives the petition then has 20 days to respond. If the respondent agrees to all the terms laid out, it will be an uncontested divorce—but they are also able to file a counter-petition contesting any part of it or denying a claim made by their spouse. Both spouses will then typically need to file additional paperwork and provide documentation to the court such as tax returns, W-2s, and bank statements which will be shared with both parties. Most counties will then make the couple go through mediation to see if a negotiation can be reached outside the courtroom. If it cannot, then your case may go to trial.

The entire divorce process can happen in one month for a simplified dissolution, but complex cases can take upwards of a year or two. Even in the shortest cases, there is still a mandatory 20-day waiting period after filing before a judge will approve your divorce. This all depends on the specifics of your case and how quickly you can come to an agreement with your spouse on assets, child custody and support, alimony, and more. Working with a  family law attorney  can help speed up the process.

Divorces are hard, but you don’t have to go through them alone. You need someone with experience and compassion to guide you through this difficult time. If you’re in the Orlando, Florida area and are concerned that your divorce might end up in court, Veliz Katz Law can help. Call today to schedule a one-on-one consultation.