Divorce Lawyers in Miami FL, are Advocates for Couples
Divorce is sad. However, in some instances, the process cannot be avoided. Divorce lawyers, therefore, often serve as advocates for couples seeking an amenable break from an unhappy marriage. Divorce lawyers in Miami FL can help you move on with your life and separate on amicable terms.
The Steps of Divorce
You need to have a legal advocate on your side when you go through a divorce, as the process can be quite emotional and strenuous. Typically, in Florida, you will need to follow the steps below:
• One spouse, known as the petitioner, files a petition for divorce in court. He or she then has the papers served to the other spouse, who is called the respondent. If the spouses work with their attorneys, the respondent signs a waiver, giving up the right to be served with the papers.
• During the filing, the petitioner can request that the court issue a temporary restraining order that requires the following:
• No assets disappear before the court divides them; and
• Both spouses act civilly toward one another during the proceedings.
Scheduling a Hearing
According to divorce lawyers, the court must schedule a hearing within 14 days of the issuance of a temporary restraining order. If no restraining order is issued, the respondent has 20 days, including the following Monday, to file their answer. Usually, the court will consider temporary orders at that time as well. Temporary orders normally entail temporary custody, support of the children, visitation, temporary use of the couple’s property, and the servicing of any debt the couple may have. Temporary orders can include the payment of interim lawyer fees and temporary spousal support as well.
The Discovery Process
If both parties in a divorce believe that they have received all the needed information, they can subsequently engage in discovery. Discovery, according to divorce lawyers, is a process where there is an exchange of documents and information. At this point, the parties discuss the settlement of the divorce, either with the help of divorce lawyers or mediators. If they can work out an agreement, one of the lawyers prepares an Agreed Decree of Divorce. The decree contains the specific terms of the agreement. Both the parties and their attorneys sign the agreement, including the judge who happens to be overseeing the case.