Yes. The first stage is the filing stage. This is where one side files for divorce and has the other served with a copy of the petition. That other party then files a response which may include a counter-petition. This is the end of the pleading stage.

The next stage is discovery. This second stage is where a lot of time and effort is spent. Much of the information which you provided to your attorney will be provide to your spouse’s attorney. Some of the information to be exchanged is mandatory, that is, required by the rules of procedure (Rule 1.540, Florida Family Law Rules of Procedure). One party may seek additional information which may include standard interrogatories and a request for production. See the forms section for actual ones.

The next step is really where the case can go in different directions depending on the issues and the lawyers. I prefer to set up mediation and try to work things out at this point. I will have already filed a temporary motion prior to the mediation, just in case your case is one of the 20% that does not settle at mediation. If the case does settle, pending hearings are canceled and the case is set for uncontested divorce (UCD). This is a very short hearing where the judge signs the divorce decree which adopts the agreement of the parties. If the case does not settle, then the temporary hearing is kept on the calendar. At this hearing a temporary order may be entered involving parental responsibility, child support, alimony, attorney’s fees, etc. Some lawyers prefer to attend a temporary hearing first and then attend mediation.

The last stage is trial. The old adage “A marriage is grand, a divorce is ten grand” often applies. It is expensive to litigate. Sometimes it is necessary-but always expensive. See the section on “Keeping fees down." A trial can take hours or days depending on the complexity of the case and the number of witnesses involved.

Many factors may be present which may delay your case and/or cause the normal flow to be disrupted. For example, the filing of a petition for a restraining order may cause for a shift in strategy. Allegations of abuse will certainly cause things to play out differently. There are many variables.

The only advantage to filing first is that that party gets to present his/her evidence first at trial. This is sometimes seen as an advantage. If the case settles before it gets to trial, then filing first provided no advantage.

In order to obtain a divorce in Florida, you must have resided in Florida for at least six months. If you have been here less time, you must wait.

You may still be able to obtain a divorce here. This can be a little tricky if you are seeking anything other than a divorce, for example, child support, alimony, or a division of assets. If you want the court to order any of these things, you must have your spouse personally served. Be warned, however, unless that spouse has significant contacts with Florida or meets additional requirements, personal service may be insufficient to obtain anything other than a divorce decree. That is, you may not get the other things you have requested.

The short answer is no. Florida works under a “no-fault” system. There is no requirement to show anything other than the marriage is over. The term is “irretrievably broken” Maybe irreparably broken might have made more senses but that is the language in the statutes.

No. A divorce must be filed in the county where you and your spouse last resided together as a couple. If you do not, the other side can file a motion to transfer which will require payment of filing fees in the correct court.

There are two components to this question. It does little good to “win” and get what you are seeking in court if the price you pay is too high in terms of legal fees, time lost from work, and general aggravation.

One thing you can do is insist on early mediation. That is where both sides and their lawyers meet with a neutral mediator to try to reach a quick and amicable divorce.

Most cases settle at mediation, but only if everyone is ready to settle. An early mediation may be just the thing to ensure that animosity has not reached a critical level. Ask your prospective attorney what he/she believes about mediation. If it is not brought up-run! Get another lawyer.

To properly handle your case, you must provide property deeds, banking records, pension/retirement accounts, tax returns, credit report, credit card statement, and a list real and personal property which was acquired during the marriage. You will review all this information with your attorney. After the initial meeting, additional items may be required but you leave the meeting with most of your questions answered.

The short answer is maybe. The worse things are at home, the more doable this will be. If there is domestic violence, this can be accomplished on the same day. Please see below for more information about domestic violence. Otherwise, the court will look to the situation at home and the availability of alternative housing. This situation is very case-specific.

The short answer is yes;  however, without your spouse's address, you will only be able to obtain a divorce. You will not be able to obtain child support, alimony, or division of assets and debts.