Divorce Attorney and Mediator

When considering or confronted with divorce (also know as dissolution of marriage), you need advice from someone who can answer your legal questions.  Our Divorce Attorney and Mediator has the experience you can rely on.  In fact, we have multiple attorneys who work on family law cases.

Get advice early.

Your spouse may be consulting or hiring an attorney.  We can help you prepare and understand the legal impact of your next steps.  

If you are in St. Johns, Putnam, Flagler or Volusia County, the Seventh Judicial Circuit has a Standing Family Law Court Order that is effective as soon as a divorce case is filed. Understanding the important legal consequences of this Order  can help or hurt you, depending on whether you filed the divorce or are answering the petition for dissolution.  Our Divorce Attorney and Mediator can help guide you on how to best act or react.

Hire Experience. 

We offer experienced Divorce Attorney and Mediator.  In fact, our divorce lawyers have decades of experience and are ready to guide you through the complexities of a dissolution of marriage and fight for your rights in Court.

• Rachael Greene, Attorney and Mediator
• Felecia Walker, Attorney

Whether uncontested, contested, with children or without children, each divorce brings with it unique circumstances and pressures that we understand.

What is Divorce?

Our Divorce Attorney and Mediator can help you break the complex process of divorce into something that is simple. Take this example: Even the word “divorce” has become more confusing by the Florida legislature redefining the word to mean “dissolution of marriage.”

What’s that? Traditionally, the term “dissolution” has been associated with dissolving a corporation or a partnership and this has transferred to also being used to refer to dissolving a marriage, which is essentially a partnership. We can filter the legal mumbo jumbo and give you straight advice.

What Does “No-Fault” State Mean?

Florida is a “no-fault” state, meaning it has eliminated fault as a ground for divorce. Now, the only requirement is that the marriage be “irretrievably broken.”

However, fault may be considered under certain circumstances in the award of alimony, equitable distribution of marital assets and liabilities, and determination of parental responsibility, especially where the fault of one spouse has cause the depletion of marital assets.  For example, one spouse may have an affair and that is “no-fault.”  That same spouse purchasing lavish gifts for their girlfriend or boyfriend will still be subject to the Court equitably compensating the other spouse for depletion of marital assets. 

How Do You File for Dissolution of Marriage?

Either spouse can file for the dissolution of marriage. You must prove that a marriage exists, one party has been a Florida resident for six months immediately preceding the filing of the petition, and the marriage is irretrievably broken.  

Hire our Divorce Attorney and Mediator and lawyers to file your case.  We will prepare the legal documents, analyze the information and help to strategize and prepare for potential outcomes and responses from the other side.

How to Prepare for the Divorce Process?

The divorce process can be highly emotional and traumatic for the parties as well as any children. Marriage partners often do not know their legal rights and obligations and you can lose those rights or be saddled with overbearing obligations if you do not get the representation you need.

While court clerks and judges can answer some of your basic questions, they are prohibited from giving you legal advice.  That’s where our Divorce Attorney and Mediator can stop in.  Statutory requirements and court rules must be strictly followed or you may lose certain rights permanently.

What is the Initial Divorce Process?

There is a simplified dissolution process for undisputed cases and cases without children.  A husband and wife can use the simplified dissolution of marriage only if all the following requirements are met:

1. both agree to the use of this form of dissolution proceeding;
2. no minor (under 18) or dependent children;
3. no adopted children under the age of 18;
4. the wife is not pregnant;
5. at least one of the parties has lived in Florida for the past six months;
6. the parties have agreed on the division of all of their property (assets) and obligations (debts);
7. neither party is seeking alimony; and
8. both parties agree that the marriage is irretrievably broken.

If both spouses cannot meet all of the above requirements, then the regular dissolution of marriage process must be followed.

The regular dissolution process begins with a “Petition for Dissolution of Marriage.”  The case is filed with the circuit court.  The petition sets out the background facts about the marriage and any children and goes on to state what the spouse wants from the Court.

Once served with the divorce papers (the Petition), the other spouse must file an Answer or motion directed at the Petition within 20 days.  The Answer should address the claims stated in the Petition.  At this stage, the answering spouse should also consider filing a Counter-Petition for dissolution of marriage raising any additional issues the answering party requests the court to address or award.

Will Financial Disclosure Be Required?

Yes, if financial requests are made in the case and if child support is an issue. 

The Family Law Rules of Court governing divorces requires each spouse provide the other  financial documents and a completed financial affidavit or several days before any temporary hearing.

Failure to provide this information can result in the court dismissing the case or not considering that party’s requests. The parties or the court can modify these requirements except for the filing of a financial affidavit, which is mandatory in all cases in which financial relief is sought. A child support guidelines worksheet must also be filed with the court at or before any hearing on child support. This requirement may not be waived by the parties or the court.

What Happens During the Case?

Discovery can be conducted in disputed cases.  Often, Courts required monthly or regular case management conferences to monitor the progress of dissolution cases.  In some Counties, cases with children are separated from cases without children so as to group similar cases together on the family law docket.

In some cases, it may be appropriate to seek or for the Court to consider a social investigation, therapy, appointment of a guardian ad litem, or other order, especially in case involving child issues or wrongful conduct by a parent.  Alienation of children is sought to be prevented by the Courts.  Today’s Judges are statutorily mandated to protect the best interests of the child.  

Is there Mediation?

At some point, if the parties have not reached an agreement on all material terms in dispute, the Judge will order mediation.  Mediation is a non-binding process for the parties, with the help of an unbiased intermediary, to negotiate a resolution of the case.  

Jury Trial or Non-Jury?

Failing an amicable resolution, the parties will be ordered to trial before a Judge.  No jury.  A Judge makes the final determination of triable issues in family law cases.  

Conclusion.

We are ready to answer your legal questions regarding your rights in a divorce, your children’s rights, your property rights, and your responsibilities resulting from the marriage. As knowledgeable lawyers, Divorce Attorney and Mediator, we can analyze your unique situation and help you make decisions in your best interest and that of your family. And, we know the St. Augustine Family Law system.