Compassionate and Strategic Guidance Through Divorce
Divorce is rarely easy. In Florida, the legal process can raise complex and emotionally charged issues, including property division, parenting arrangements, child support, and alimony. Whether your case involves an amicable, uncontested divorce or a highly contested, high-asset matter, careful planning and knowledgeable advocacy are essential. At Allison Rub, P.A., we guide clients throughout Miami-Dade, Broward, Monroe, and surrounding areas with professionalism, discretion, and genuine care for what they are going through.
Grounds for Divorce in Florida
Florida recognizes only two legal grounds for divorce:
- The marriage is irretrievably broken, which is the basis for the vast majority of divorce cases
- One spouse has been legally declared mentally incapacitated for a continuous period of at least three years
No proof of fault is required under Florida law, allowing most cases to proceed without assigning blame.
Starting the Divorce Process in Florida
A divorce begins when one spouse files a Petition for Dissolution of Marriage in the circuit court of the county where either spouse resides. Florida offers both regular and simplified divorce procedures. Simplified dissolution is limited to couples who have no minor children and who fully agree on how to divide their assets and debts. Regardless of which process applies, we assist clients with preparing and filing all required documents correctly and efficiently.
What to Expect During a Florida Divorce
While every divorce is different, most cases follow a similar procedural framework. Understanding the process can help reduce uncertainty and allow you to make informed decisions.
1. Filing the Petition
One spouse files the petition, outlining basic information about the marriage, any children, and the relief being requested. The filing spouse must have lived in Florida for at least six months prior to filing.
2. Service of Process
The other spouse must be formally served with the divorce papers and typically has 20 days to file a response. Proper service is critical, as it triggers important deadlines and protects procedural rights.
3. Mandatory Financial Disclosure
Both parties must exchange detailed financial disclosures, including income, assets, debts, and expenses. Full transparency is required, and failure to disclose information can lead to serious legal consequences. These disclosures are central to decisions involving property division and support.
4. Temporary Relief
Either spouse may request temporary court orders to address immediate needs while the divorce is pending. These may include temporary parenting plans, child support, spousal support, use of the marital home or vehicle, and responsibility for ongoing expenses.
5. Discovery
In contested cases, the discovery process allows each side to gather evidence through written questions, document requests, depositions, and subpoenas. Discovery is often used to clarify financial issues, determine income, and uncover assets.
6. Mediation
Florida courts generally require mediation before trial. A neutral mediator helps the parties attempt to resolve disputed issues outside the courtroom. Many cases settle at this stage, saving time, expense, and emotional strain. We prepare our clients thoroughly and advocate for fair and sustainable outcomes.
7. Trial
If disputes remain unresolved, the case proceeds to trial. A judge will hear evidence and testimony before making final determinations on all outstanding issues. Trials may range from brief hearings to multi-day proceedings depending on complexity.
8. Final Judgment
The divorce concludes when the court enters a Final Judgment of Dissolution of Marriage. This order legally ends the marriage and sets forth binding terms regarding property, debts, parenting, and support obligations.
Do You Need a Divorce Lawyer?
Although Florida law allows individuals to represent themselves, having experienced divorce counsel can make a meaningful difference. A knowledgeable attorney can:
- Explain your rights and options clearly
- Help you avoid costly mistakes
- Advocate for your interests in negotiation, mediation, or court
- Provide steady guidance during an emotionally difficult time
At Allison Rub, P.A., we combine a strong command of Florida family law with a thoughtful, client-focused approach.
Speak With a Miami Divorce Attorney Today
If you are considering divorce or have already been served with papers, you do not have to navigate this process alone. Contact us to see how we can guide you towards the best possible outcome for your divorce case.
