Filing for Divorce
Having to make the decision to file for divorce is a most difficult one and usually coupled with financial, emotional, and physical stress. The knot in your stomach trying to figure out the process, the costs, and how long it will take are the most common initial concerns I hear from clients.
WHAT IS THE PROCESS:
To file for divorce a Petition for Dissolution of Marriage with Minor Children or Without Minor Children is filed along with a summons. The Petition is a summary of facts and requests for relief such as equitable distribution of assets and liabilities, timesharing, child support, alimony, attorney’s fees, and any other relief that may be necessary. In order to have standing to file the Petition one of the parties must be a resident in the State of Florida for at least 6 month’s prior to filing.
The other party is served with the Petition and Summons and has 20 days to respond from the time of service.
If you have been served with a Petition for Dissolution of Marriage, it is prudent to consult with an attorney so that you understand and protect your legal rights.
HOW MUCH DOES IT COST:
To file for a Dissolution of Marriage in Pinellas County, Florida the clerk of court charges a filing fee of $400.00 plus the summons $10.00 and there will be a process server fee to have the complaint and summons served.
Most divorce cases are handled on an hourly rate and the hourly rate for an attorney will depend on factors such as but not limited to the time and labor involved, the novelty or difficulty of questions presented, the results obtained, time limitations imposed by the representation, and the reputation, experience, and ability of the Attorney in performing this type of service.
In some cases, the attorney may charge a flat rate fee if the matter is uncontested or if the time involved and complexity is minimal.
HOW LONG WILL IT TAKE?
If the matter is uncontested the time may be a few months, however if the matter is contested it may take up to a year or longer in most cases if the matter is set for trial. Florida Family Law rules require certain mandatory disclosure be exchanged between the parties such as but not limited to financial affidavits, bank statements, credit card statements, retirement account statements and stock account statements. The parties may also need to participate in additional discovery such as production of documents, interrogatories, and depositions.
If you would like to schedule a consultation for a more comprehensive overview call Venessa Bornost, P.A. 727-330-7800.