A Practical Guide to Navigating Divorce

The divorce process is typically divided into four distinct phases. It begins with the decision to file for divorce which includes the submission and service of many specific legal documents. The second phase concerns the discovery and disclosure of each party’s financial information. The third phase involves the mediation and negotiation of issues such as the division of assets, support, and custody. The final phase is an actual trial and the entry of a final order.

• Phase 1 basically concerns all of the legal paperwork that needs to be filed to start the case. If you were to go to the Clerk of Courts to obtain the packet of paperwork necessary to file your own divorce, you might feel overwhelmed. The spouse who is moving for a divorce needs to file a Petition for Dissolution of Marriage, which spells out that the marriage is irretrievably broken and that the Judge needs to settle whatever marital assets or debts remain in the relationship. There are several other documents that need to be filed right up front to begin the process. Fortunately, my office takes care of all of the leg work for you as we prepare all of these documents. Once we file on the case, the documents are then served to the opposing spouse and they have 20 calendar days to respond.
• Phase 2, the next part of the process, is all about financial disclosures. Each party needs to exchange their “Mandatory Discovery”  with each other so both parties know where everyone stands financially. This discovery includes pay stubs, tax returns, bank account statements and credit card bills, just to name a few. Sal and the Law by Bazaz office staff will walk you through this phase to ensure that we fully comply with Florida Statute. In addition, if the opposing side does not comply, we will be ready to file the proper motions to compel your spouse to do the same.
• Phase 3, Mediation, occurs once every knows everything about each other’s finances. Mediation is an opportunity for both sides to “come to the table” to work out a final divorce agreement. In reality, the parties are not in the same room in mediation; usually, they are in separate rooms with their attorney while the mediator bounces back and forth between the parties. The advantage of mediation is that the spouses themselves actually formulate the ending of the case that they feel is in their best interest. They will decide issues, including but not limited to, alimony, equitable distribution of assets and debts, the parenting plan and child support. If the spouses can agree on all matters during the mediation, Sal would draft a final agreement and have both parties sign it. The judge would receive a copy along with a proposed final judgement that he or she would sign. At that point, the divorce would be over.
• Phase 4, the trial would only occur if the spouses could not come to a complete agreement on all of the issues. At trial, you would have the right to take the stand and tell the judge what you want, and why you want it. Subsequently, the opposing spouse would also take the stand and tell the judge what they want and why they want it. Both sides can present witnesses and evidence that are relevant to the issues that the judge has to decide. In the end, the judge will make the final decision, as opposed to mediation, where the spouses make the final decision.

As couples look to separating, it is important to provide timely and honest communication between each spouse. This should include information surrounding finances, the division of property, and custody. Openly discussing emotional issues should also be encouraged, as this can reduce the emotional impact on the family, aiding in their healing. In order to foster a positive environment, establish a co-parenting agreement that both sides can agree upon. Both parties will need to adjust to the new structure, committing to complete transparency and avoiding blame. Overall, communicating openly and honestly, accessing support services when needed, and promote healthy habits for all can provide the necessary assistance for the family to heal and move forward.

It can be difficult for children to cope with the emotional fallout of a divorce, especially if their parents don't properly communicate with them. Parents can help children face their family's changing landscape due to divorce by communicating effectively. This involves having open and honest conversations, allowing them the opportunity to express their feelings, and reassuring them that they can still depend on their parents no matter what. Parents should also show understanding and compassion, listen with an open mind, create a safe space for conversation and let the child know it is ok to ask questions. By communicating with children in a supportive and understanding way, parents can help to guide them through the difficult emotions associated with divorce.