What to Expect in your Tampa Divorce Legal Process.
Tampa, Florida—Hillsborough County—Brandon, Florida—Riverview, Florida
It is difficult to fully understand the divorce process until it actually begins and when you go through the process of it. Most people do not contemplate divorce when getting married. Unfortunately, during marriage, emotional, economical, and trust issues occur which cannot be contemplated at the time of marriage. I, as well as my associate attorneys and legal assistants, will provide you with information to assist you in knowing your rights as to your children, assets and debt division, and possibly alimony/support depending on your individual circumstances.
We will provide empathetic, caring assistance tailored to your individual circumstances. I, my associates and legal assistants, will guide you through the process of divorce as it is a process and negotiation. Most cases will be resolved through a marital settlement agreement or a mediation agreement and an uncontested final hearing where these agreements will be incorporated and enforceable by a final judgment.
Resolving your case amicably is my ultimate goal, if at all possible. If not, then I and my associates will use my and their knowledge and expertise to assure that your interests are well represented before the Court in a contested hearing or final hearing.
At the law firm of Lynette Silon-Laguna, P.A. we divide the divorce process into several steps. They are:
- A free initial consultation. At your no-charge initial consultation we meet with you one on one to determine the legal issues involved in your case, and to present our opinion and the options available to you.
- If you initiate the divorce, we will file a divorce petition. Filing a petition for dissolution of marriage is the first step in the divorce process. Once filed, the petition will be served by personal service upon your spouse, who then has 20 days to respond to us and the court.
- If your spouse initiates the divorce, we will file an answer and counter petition within 20 days of the date you were served. The answer will include your response to the petition, and the counter petition will include your requests for resolution.
- A mandatory case management conference, is scheduled by the Court within 90 days of the date the petition for divorce is filed. The conference is held in front of a judge, and the parties are required to have filed certain pleadings including a Financial Affidavit, completion of financial disclosure and if minor children, completion of a parenting class and a child support guidelines worksheet. This is simply a case status conference and there is no testimony by the parties.
- Financial discovery occurs after the initial paperwork is filed. This is where the parties obtain and provide copies of financial information from and to each other as to their income, assets and debts.
- If minor children are involved then issues regarding visitation and custody must be resolved. Custody and visitation are now known simply as "time-sharing." The terms primary and secondary custody have been eliminated by the legislature as of October 1, 2008.
- Other issues to be resolved include child support, child care, health and dental insurance as well as uncovered medical and dental expenses. Other Court requirements are preparation of a parenting plan including a detailed daily, holiday and summer time-sharing schedule of the parents, a child support guidelines worksheet, and both parents attendance at a mandatory parenting class.
- After the financial discovery is completed, we attend a mediation conference, which is mandatory in Hillsborough County. The majority of cases settle at mediation. If so, an agreement is drafted and signed at the time of the conference. A settlement agreement between the parties and their attorneys may also be negotiated prior to mediation or drafted using information from the mediation and further negotiations. An uncontested final hearing will be held if an agreement is reached.
- If parties do not succeed in reaching an agreement through mediation or negotiations between the parties and their attorneys, a temporary relief hearing is held to address immediate issues, including issues relating to child custody, visitation (time-sharing), child support, alimony and attorney fees.
- If the parties cannot agree and the judge must decide the outcome, the first step is a pretrial conference. This is mandatory and the hearing is generally scheduled one month prior to the contested final hearing. The primary purpose of the pretrial conference is to determine what issues will be heard at the final hearing or trial.
- A contested final hearing or trial is the final step in the divorce process. The issues are brought before the judge by testimony of the parties and evidence supporting each party's position. We will be thoroughly prepared to represent you and your position and to skillfully present thoroughly researched evidence to support your case.
Contact Us
If you have questions regarding divorce, family law, bankruptcy or foreclosure defense, contact Lynette Silon-Laguna, P.A. We provide a free initial consultation, accept MasterCard and Visa, and charge reasonable and competitive rates. Furthermore, we have a highly qualified staff of legal assistants and associate attorneys, including a Spanish-speaking associate attorney.
Our office is conveniently located in the Brandon/Riverview area on Highway 301 South directly off of Interstate 75 near the intersection of Bloomingdale Avenue. Contact our firm by email or call 813.672.1900. We will respond immediately!
