What is the first step in a divorce?

What is the first step in a divorce?

Divorce is a tumultuous time, one that disrupts just about every aspect of your life. It’s easy to make mistakes. At the Law Office of Alba & Yochim we are client focused and results driven. As part of that client focused approach we try to answer some of your most basic divorce and family law questions to help you navigate your divorce in the calmest, sanest way possible. You may be asking yourself...

What do I need to do first?

The first step in most divorces is to file a “Petition for Dissolution of Marriage.” This petition will include all of your proposals for how child custody, asset allocation, debt allocation, and other issues will be handled. Generally it’s best to have an attorney draw up this paperwork, since even a small mistake can have big consequences.
A process server will deliver these papers to your spouse. Your spouse will have a certain amount of time to answer the petition—that is, to either agree with everything you’ve proposed and sign it, or to propose a different plan for major issues relating to the divorce. Note that the divorce is a “contested divorce” if you can’t come to an agreement on these major issues—it’s not “uncontested” simply because both of you want a divorce.

Do you really need an attorney?

There’s no legal requirement to get an attorney. However, it’s a really, really good idea. Florida family law is complex, and there are a lot of ways you can misstep. Your divorce can have lasting, lifelong consequences, especially financial consequences. It pays to have a strong, knowledgeable advocate on your side.

How long will this take and how much will this cost?

Ahh, the $64,000 question! If your divorce is uncontested it can be done in as little as 30-45 days. However, a contested divorce can take six to twenty-four months. Much will depend on how much you’re contesting, whether or not you’re able to successfully mediate your case, what’s on the court’s schedule and whether or not you and your spouse have reasonable expectations about what the divorce will accomplish.

As for how much it costs, this depends on how long it takes. The clerk of court’s filing fees are about $420.00. Your attorney’s fees are variable, depending upon how many hours we must bill to help you resolve the matter.

Contact the client focused results driven attorneys at the Law Office of Alba & Yochim today for help with any divorce and family law needs you may have.

Law Office of Alba & Yochim P.A.
2700 NW 43rd Street, Ste D
Gainesville, FL 32606

Phone: (352) 327-3643
Toll Free: (800) 520-5945
Fax: (352) 354-4475