When is a Divorce Finalized in Florida?

Divorce is an emotional and stressful process. It is not uncommon for the spouses going through it to want it to be over with as quickly as possible. It is important to never rush the divorce process, as this could result in a forfeiture of your rights. Understanding when your divorce may be finalized can help you better prepare for the process and know what to expect. Below, one of our Tampa divorce attorneys explains in greater detail.

What Finalizes a Divorce in Florida? 

The divorce process legally begins when the Petition for Dissolution of Marriage is filed with the appropriate court. If the couple is getting an uncontested divorce, they must agree to all terms before the petition is filed. They must also draft a Marital Settlement Agreement (MSA), which is almost always filed with the petition.

When a couple is getting a contested divorce, the petition is filed and they must then resolve issues such as property division, alimony, and more. Family law judges often order couples to attempt mediation to resolve these issues. Negotiations between the attorneys representing both sides can also resolve these issues. If the couple cannot reach an agreement, they will have to go to court and allow a judge to make the final decisions.

In an uncontested divorce, the couple will attend a final hearing. It is typically at this hearing that the judge will sign the Final Judgment of Dissolution of Marriage. In contested cases that cannot be resolved through mediation or negotiation, the judge will make decisions after hearing arguments and reviewing evidence and sign the Final Judgement.

In either case, once the Final Judgment is signed by a judge, the divorce is final. Both spouses are legally considered single and can remarry. Both spouses are provided a copy of the Final Judgment, which is often necessary when updating certain documents such as changing one’s marital status or name.

When is the Final Divorce Judgment Effective?

Regardless of how a divorce case is resolved, the Final Judgment of Dissolution of Marriage becomes effective on the date the judge signs it. This is very important. There are likely many terms resolved in the final judgment and they are legally binding. If either spouse violates the terms at any point in the future, they will likely face serious consequences.

For example, the final judgment may require one party to pay alimony to the other. If the payer does not make the required payments, the recipient can take enforcement actions by filing a Motion for Contempt and Enforcement with the court that issued the original divorce decree. The spouse who refused to pay may then have their wages garnished, have assets seized, or be held in contempt.

Our Divorce Attorneys in Tampa Can Guide You Through the Process 

Divorce is a significant life event and our Tampa divorce attorneys at All Family Law Group, P.A. can guide you through it and help you obtain the best possible outcome. Call us today at 813-672-1900 or contact us online to schedule a free consultation and to learn more about how we can help. Se Habla Espanol.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html