When you are filing for divorce, you need to file a legal document that is called the dissolution petition and is filed in court. It is called a divorce complaint in the state of Florida. It tells the court that you, the petitioner, want to end the marriage and this filing initiates the divorce process. The petition is served on your spouse and the process has officially begun.
The petition for divorce needs to contain the identification of both you and your spouse along with both addresses. When the marriage took place, and where, will be on the form. Are there any children involved? This needs to be addresses as well. You or your spouse must have been living in Florida for at least six months to file for divorce. And finally, a declaration as to how you will settle such issues as child custody, visitation, assets and property, debt and other family law issues that your attorney can help you delineate.
There may be additional language in the petition that puts a temporary order in place for certain subjects. Things like financial issues and children's residence can be important enough for you to need a temporary order to protect yourself in case your spouse wants to make changes. This order will stay in effect until the divorce is finalized.
-- Some issues that you will want to discuss with your attorney are as follows:
-- Who will have physical custody of the children?
-- What will the visitation schedule look like for your children?
-- What about child support? Who pays and how much?
-- Will there be spousal support? How much?
-- Who gets to stay in the family home if there is one?
Can you begin to see that having a knowledgeable attorney can be a good thing? Being able to ask for guidance is very powerful and can make a big difference in the outcome of your divorce.
Source: FindLaw, "Filing and serving divorce dissolution petition," accessed Sep. 15, 2015