Everything You Need to Know About the Tampa Divorce Process. Step-by-Step.

Making the Decision to Get a Divorce

For many people, deciding to get a divorce can be one of the most difficult parts of the divorce process. Especially when there are minor children involved. There are so many unanswered questions at this point and the idea of so much change can be a bit overwhelming. Some people make up their minds quickly, while others will take years to come to the conclusion that they need out.

Whatever the process that leads a person to divorce, once their minds are made, then it is usually time to take action.

Legal Research Phase

Most people in Tampa Bay that are contemplating a divorce for the first time have very little idea of what the process entails. So it’s common to learn as much as possible before taking any action. The internet is the likely starting point. A simple search will reveal a myriad of results. Some good, and some may not be applicable to your particular case.

While each case is unique, internet research is a good way to give a person an idea on what to expect. Just don’t go down the rabbit hole of reading about the divorce horror stories. These are generally worse-case scenarios and are likely not a good representation of the average Tampa divorce case. 

Discussing the divorce process within people in one’s social circle is very common, as well. Getting first-hand information from people you know can be very informative and comforting to some. But it is always smart to take whatever people say their own experience was with a grain of salt. Again, each divorce has its own set of facts and no two are the same.

Divorce Attorney/Firm Research

Once a person has learned a little about the divorce process, it is pretty common to transition into attorney research. Finding the right firm or lawyer to handle your case is a crucial step in the Tampa divorce process. While the internet is a popular starting point, many people will again refer to those in their social circle for advice and divorce attorney referrals.

Consultation

Generally, the first step in finding the best Tampa divorce attorney for you is setting up a consultation. The initial consult is a very important phase, as who you pick for representation is a decision that will greatly impact your case. A consultation also gives both the potential client and the attorney an opportunity to feel one another out and decide if the other person is a good fit.

Some family law attorneys will do initial consults over the phone, but most will want to do an office consultation. Many offer free initial divorce consultations, but don’t be surprised if some charge several hundred dollars for a sit-down.

During this initial consultation, the divorce attorney will generally get a feel for you and the facts of the case. Be prepared to answer most of the following questions:

• Why do you want to get a divorce?

• When were you married?

• Which county do you live in?

• If separated, in which county did you last reside with your spouse?

• Have you lived in Florida for at least six months?

• Was there any infidelity by any party?

• Any history of domestic violence or substance abuse?

• Did you have any children with your spouse? How old are they?

• Have your children resided in Florida continuously for the pat six months?

• What is your occupation and monthly/yearly income?

• What is your spouse’s occupation and income?

• Did either of you take time off their career to stay at home with the kids?

• What are the normal household responsibilities of you and your spouse?

• Do you own your own home or are you renting?

• When did you buy your home and who is on the title and the note?

• How much is the home worth and how much do you owe on the mortgage?

• Do you want to keep the home or force a sale?

• Do you have a retirement, pension or 401k? If so, when did it begin accruing?

• How many vehicles do you guys own?

• When were they purchased, how much is owed and what are they worth?

• What are your major assets?  (rental properties, jewelry, bullion, savings accounts, cash, collections etc.)

• What are your major debts? (credit card, school loan debt, back taxes etc.)

There will also be many follow-up questions based on your answers. Just be prepared to answer a lot of questions. Some will feel personal, but that is part of the process and it is important for your attorney to know many details about your life, marriage and finances.

Depending on the facts of your particular case, the attorney will likely give you an overview of the issues you will likely face in your divorce. He will likely give you an idea of what the divorce process is in Tampa Bay and Hillsborough County.

Main Divorce Issues in Tampa Divorce Cases

A lot of the particulars of your case will be fact-driven and unique to you. But no matter the details, there are usually a few core issues in every divorce case in Hillsborough County. If you have minor children then figuring out a parenting plan will be a major issue in your divorce.

Some of the main points in the parenting plan will determine the following:

Parental responsibility of the children

The child custody or timesharing between the parents, including holiday and summer timesharing

How to split extracurricular costs

Which school the children will attend

Information sharing between the parents, as well as means of communication between parents

Logistical issues related to pick-up and drop-off

Who can claim the children for Federal Income Tax purposes

A good parenting plan can have a lot of detail and, if it is properly tailored to your specific circumstance, it can save you a lot of time and money down the road.

Another aspect of a divorce with minor children is determining child support. Contrary to popular belief, even if the parents have even 50-50 custody of the children there is a very high likelihood that someone will still owe child support. That is because the Florida child support guidelines use a formula to determine the support amount.

The main inputs are the income of each parent minus allowed deductions, the number of overnights the children spend with each parent, how many children there are, and the health insurance and daycare costs paid by each parent for the children.

Those inputs are computed and the amount is what it is. Most Tampa family law attorneys use a specialized software to crunch the numbers and it takes into account the type of income stream and income tax filing status and deductions.

Another myth is that the parties can agree to waive child support. In Tampa divorce cases involving minor children, parents cannot agree to waive child support or to fix it at an amount outside the child support guidelines, as this support is a right bestowed onto the children.

This is very important to remember while negotiating a divorce settlement, as some parties will mistakenly agree to a “reduced” child support amount in exchange for something else, only to find out later that it can be modified upwards to what the guidelines amount should have been from the start. But by that point you’ve already given up something that you usually can’t get back.

Once you fully understand the main issues to be resolved in a Tampa divorce case, it is a good idea to understand the potential routes your divorce can take, as this will directly influence how long the divorce process will take and how much it will cost you.  

Tampa Simplified Divorce

The quickest way to get divorced is the simplified divorce process. However, there are certain criteria that must be met before a divorcing couple can elect the simplified route.

First, and usually the biggest disqualifier, is that there can be no minor or dependent children born or adopted from the marriage and the wife cannot be pregnant. Again, this only applies to minor children and wouldn’t apply to couples with adult children.

Second, all division of marital property, assets and liabilities must be agreed on, and there cannot be any unresolved financial issues. One example of something that can prevent agreement in this area is a large, unpaid tax obligation by one party in a marriage.

Also, if there is a claim for alimony by one party, then this needs to be agreed to and resolved.

These agreements are usually done by a Marital Settlement Agreement (more on that below).

Next, one of the divorcing parties must have been a Florida resident for at least six months prior to filing the divorce petition. In Hillsborough County, both parties will generally also have to appear at the final hearing together to have the judge sign the final judgment of dissolution.

Tampa Uncontested Divorce

The next way to get divorced is the uncontested divorce route. This is usually reserved for people that agree on all issues but have minor children or otherwise don’t qualify for the simplified divorce option.

It is also common for parties to start the divorce process and then come to an agreement during the early stages, in which case it can still be resolved via the uncontested divorce process.

However the divorcing parties arrive at the uncontested divorce route, there are still requirements that must be met before the divorce can be finalized. We will discuss that more below.

If all of the requirements are met, and all issues are resolved in the Marital Settlement Agreement (MSA), and both attorneys agree on the Final Judgment of Dissolution of Marriage, then only one party needs to appear in court to have it finalized and signed by the judge.

This is especially beneficial when one of the parties resides out of Florida.

Tampa Contested Divorce

The contested divorce process is pretty much how it sounds: there is some disagreement between the parties on one or more of the issues. Even if the parties reach a signed agreement on all major issues, it will remain on the contested divorce route until the last minor issue is resolved.

This process will generally take the longest to complete and is the most expensive, as the parties potentially have to go through the full divorce process from filing to trial. That is not to say that the parties cannot reach a full agreement at any point in the process, because they certainly can.

Collaborative Divorce

The collaborative divorce is a relatively new way to get divorced in Tampa Bay. Although it has been around for some time, it is now just gaining traction in recent years.  Basically, if parties elect to go for this method, each party must find an attorney that does collaborative divorces. Then the parties will enter into an agreement that will outline the collaborative divorce process.

Usually, the parties will agree not to litigate and to work towards a resolution in good faith and to fully cooperate on reaching an agreement. They will also agree to provide all necessary discovery such as financial documents. And if any experts are needed, then the parties will usually agree to split the associated costs.

This is essentially another form of an uncontested divorce and can achieve good results. The biggest downside is that if the parties begin the collaborative divorce process and it turns into a contested divorce, then the agreement usually holds that the attorneys will get off the case and will not represent their respective client in the traditional divorce process.

This can result in having to pay two separate retainers—one for the collaborative divorce and one for the traditional, contested divorce.

Tampa Divorce Retainer

Again, understanding the different ways to navigate a divorce in Tampa is a very important aspect of your case, as it will usually dictate what type of retainer an attorney will ask for, as well as how much it will be.

For example, many Tampa divorce attorneys will charge a fixed amount for an uncontested divorce, but a large retainer for a contested one.

Basically, a divorce retainer is the money you will have to pay a family law attorney to agree to take your case. There are many different ways Tampa divorce attorneys will approach their retainers. Some will have non-refundable “engagement fees” while others will have retainers that are put into trust accounts. Whatever they are called, this is usually the amount that the attorney will bill against while working your case.

Once the initial retainer has been exhausted, then some attorneys will request an additional retainer be provided. Some large firms will require that once the retainer has dropped below a certain amount, then the client will have to replenish the retainer to a certain level.

Some attorneys will simply bill monthly, or weekly, after the initial retainer has been used. In some cases, attorneys will also agree to monthly installments or other such payment plans.

However your divorce attorney handles their retainer, it is still very important to understand the details of how it works, especially how they bill and how they want payments to continue once the initial retainer is gone.

It is also important to understand the retainer amount versus the hourly rate. For example, a potential client can be drawn-in with a relatively inexpensive retainer, only to be hit with a high hourly rate which will exhaust the retainer sooner and then the additional payments will kick in faster. Compare that with a higher initial retainer billed at a lower rate and it will be very different over the course of your case.

Ultimately, finding a divorce attorney or firm that has a retainer and hourly rate that you fully understand, and are comfortable with, is what you want to find.

Retainer Agreement

Once you have found the attorney you want to represent you in your divorce, the next step usually involves signing a retainer agreement, or something similar. This is essentially a contract that will define the relationship between client and lawyer. It will usually deal with many aspects, but will really emphasize the retainer details discussed above, as well as the hourly rate and other costs associated with representation.

It will also usually detail how the attorney will bill for time, such as every 1/10th of an hour minimum. That means if an attorney only does a couple minutes of work on your case, like answer a quick phone call from you, then he will still bill for 1/10th of an hour, even if it only took three minutes.

Each family law attorney handles their retainer agreements differently and they can range from as little as one page to as much as 30 (or more) pages. Again, fully understanding the this agreement is essential, so don’t be afraid to ask to be walked through it line-by-line and ask questions along the way.

And get a copy of it!

Divorce Petition

The divorce petition is the formal, legal document that is filed by one party to request that the court grant a dissolution of the marriage. In the petition, you will lay out the pleadings, or the facts alleged, the issues at cause, and the specific relief sought.

Generally, a divorce petition reads as a very intimidating and scary document. This is because a party seeking a divorce is generally asking for every type of relief available, as if you do not plead for it a judge cannot grant it if it goes all the way to trial.

So don’t be surprised if you see a petition for dissolution that asks for alimony, child support, attorneys fees and costs to be paid by you, exclusive use of the marital home, majority custody of the children, inequitable distribution of the marital assets etc.

Keep in mind, this is an adversarial process—this is all done by design. But don’t be too intimidated, as the relief sought is usually not granted to the full extent.

Other Divorce Paperwork

While the divorce petition is the legal document you will need to begin the dissolution process, there are many other documents that must be filed as well.

A Notice of Appearance and Designation of Email will be filed and this form officially puts your attorney on as representing you in the divorce proceeding.

The Affidavit of Military Service will affirm whether or not one party is a member of the United States Military, as there are certain provisions in the Servicemembers Civil Relief Act which protect servicemen from certain types of civil actions while they are deployed.

The Notice of Related Case form will affirm whether or not there are other cases open involving the same parties, and whether assignment of the cases to the same judge would be beneficial or not. This is pretty common when there are Department of Revenue initiated child support cases open before a divorce is filed for.

A notice of Social Security Number of each party is required by most judges in Tampa and Plant City. Usually, this info is needed in cases involving child support, but even if there are no minor children involved in the divorce, this form is still usually required. In fact, I have seen uncontested Final Hearings be delayed until the parties each get this document filed.

Tampa and the rest of Hillsborough County require a DH513 form, which is basically just a document with the names and addresses of the parties, the attorney filing the divorce paperwork, and the case style.

If the divorce involves minor children, then a Uniform Child Custody Jurisdiction Enforcement Act affidavit will be required. This affidavit shows each address the children have resided at for the past five years. It is a very important document because it is largely the basis for the family law judge to determine whether or not Florida has jurisdiction to determine custody. This fulfills a federal law and must be complied with prior to finalizing a divorce.

Lastly, a summons is required to be filed if you and your attorney believe that getting the other party served will be necessary. The signed summons will accompany the divorce petition and makes service of process official.

Cost of Divorce Filing and Fees

As of the date of this article, it costs $423.00 dollars for an attorney to file for divorce online in Tampa Bay. This includes $408.00 for the divorce filing fee itself, $10.00 for the summons and a $5.00 E-filing convenience fee.

In certain situations, this fee may be waived. The easiest way to qualify for a fee waiver is to be indigent. This is something you will want to discuss with your Tampa family law attorney on your initial consult.

Divorce Filing Date

The length of the marriage can be a very important aspect of your Tampa divorce case, as it has repercussions on many of the core issues. Mainly, it can directly impact the eligibility for alimony, as well the duration of alimony that can potentially be paid by one party. It also is the timeframe that determines what is a marital asset and what isn’t.

The length of the marriage is usually determined from the date of marriage until the divorce filing date, and it is measured in whole years, or total anniversaries celebrated. So a nine year and eleven month marriage is usually only counted as a nine year marriage. 

So a strategically and timely filed divorce petition can have a big impact on the outcome of your case.  If you are strongly considering a divorce and you are nearing an anniversary, then it may be a good idea to contemplate an initial consult sooner rather than later, especially if you are the sole breadwinner in the family.

Return of Summons

Once the Tampa divorce petition has been filed, then it will usually take a couple of business days to get the summons back signed by the clerk. Once you do, your attorney can begin the process of getting the other spouse served.

It is also important to note that if you are trying to have the service of your spouse be a complete surprise, then timing is very critical. 

That is because in Tampa Bay divorce attorneys are allowed to see who has petitioned for divorce recently and they can then send solicitations for divorce representation to the divorce respondent’s address.

Therefore, it is possible for a party to file for divorce in Tampa on Friday, not receive the signed summons back until Tuesday or Wednesday, and by the time you get the divorce papers out for service the other spouse has already received a solicitation in the mail stating they have recently been sued for divorce and asking if they’d like representation!

Losing the element of divorce surprise can have some annoying consequences. This usually includes evasion of service by an angry spouse and can delay the divorcee process and increase expenses, as usually the more times a service processor needs to execute actual service, the more it will cost you.

So it’s always a good idea to have a plan in place for when to file and when to get the other spouse served, especially if you want it to be a surprise.

Issuance of Standing Temporary Order and First Case Management Conference

Once a divorce petition has been filed in Tampa Bay, the judge will immediately issue a Standing Temporary Order. This order will go into effect without further hearing and governs how the parties should behave during the divorce process.

Basically, the Standing Temporary Order ensures that the status quo is maintained until the divorce is finalized, or until ordered otherwise. This means no disposing of or hiding assets. It also means that if you were paying certain bills before the divorce was filed, then you need to continue to pay them until it is ordered otherwise.

It also has specific provisions regarding the minor children, if any were born or adopted into the marriage.  

Getting Served in a Tampa Divorce

Getting the other spouse served is a crucial step in the Tampa divorce process as it officially puts the spouse on notice of the action filed. It also begins the countdown for when the Answer is due, as well as other mandatory disclosure documents (more on that below).

Generally, the most common way to get someone served the divorce papers is to use either a private process server or the Hillsborough County Sherriff Process Servers. The private process servers tend to be a little more expensive, but they are also more likely to get the service done on the first attempt, as they can use specialized instructions and are more flexible in their routes. This can be particularly important if a spouse is never in the same place for very long or has an irregular and sporadic schedule.

Many clients also prefer to use a private process server as it is seemingly less intrusive to have a plain-clothed person do the service over a uniformed Sheriff’s deputy—especially if service has to be done at the spouse’s work.

Once the divorce respondent has been served, the process server will sign and return an affidavit of service and this will be filed with the clerk.

In some cases, when the divorcing parties are both willing to get the process done quickly, it is possible for a spouse to accept service without the need to get served formally. This generally involves a simple Acknowledgment of Service that is signed and notarized and gets filed with the Clerk.

It is also possible for the non-filing spouse to have their divorce attorney accept service on their behalf.

Constructive Service or Service by Publication

In some cases, the party seeking a divorce has no idea where his spouse lives. As a result, tracking them down to get them served can be an issue. When this happens, it is generally required to have the estranged spouse constructively served. This is usually done via service by publication.

First, the party seeking the divorce will have to do an affidavit of diligent search. This means they have done certain things and used certain public resources to try and find the spouse. Next, the attorney will file the affidavit of diligent search and have the Hillsborough County Clerk’s office sign a Notice of Action.

Then, the Notice will be published in publication. In Tampa Bay, this is usually done in the local Pennysaver, as it meets the Florida statutory requirements and is economical. They also deal with this type of thing every day and will know exactly what you need them to do.

After the Notice has been published for a certain time period, it is then possible to file for a Clerk’s Default and then move to get a Default Judgment.

Answer to Florida Divorce Petition

The answer to a petition is very important to the person that was served, and if not done correctly, can have negative impacts on your case.

Once the spouse has been served, she will have 20 days to file a responsive pleading. This generally means that each paragraph of the divorce petition is addressed by either Admitting or Denying the pleading.

It is also during the 20-day response window that the other spouse will look for her own attorney. Because you only have 20-days to respond, some may feel a bit rushed when trying to figure out which attorney to go with and may end up picking an attorney or firm without fully shopping around. Some see this as an advantage to filing first.

While filing an Answer may seem straight-forward, it also represents the first responsive pleading to the petition. And, pursuant to civil procedure rules, if certain issues are not raised in this first responsive pleading, then they may be deemed waived. This can have serious implications.

For example, many affirmative defenses MUST be raised during the Answer stage, and if not, you will lose them altogether. Another common issue is the proper venue and forum shopping. If the divorce petition is filed in the improper venue then this must be challenged in the first responsive pleading to the court, or it is waived. Generally, the proper venue to file the divorce petition is the last county in Florida where the parties last resided with the intent to remain husband and wife.

Florida Divorce Counterpetition

If the spouse served with the divorce paperwork gets her own attorney, then the counterpetition is usually filed at the same time the answer is filed. It is essentially the same thing as the divorce petition but filed against the petitioner as a countersuit.

And just like after the petition is served on the respondent, the petitioner has 20 days to file an answer to the counterpetition.

Discovery in Florida Divorces

The next phase of the divorce is the discovery phase. During this time each side will have the opportunity to get and request certain documents. While there are some documents that must be provided to the other side as a matter of course, it is also possible to request specific documents.

The main goal of the discovery phase is fact gathering and building your case on each issue. In family law and divorce cases, this is largely centered around each parties assets, debts, income, earnings and job history.

In order to receive the documents necessary to establish a divorcing spouse’s finances, it is possible to compel not only the party spouse, but also third parties, such as banks, to provide certain documents.

Mandatory Disclosure in Florida Divorces

The most common discovery tool in a Tampa divorce is mandatory disclosure of financial documents. As the name suggests, certain documents are required during the early stages of divorce. Generally speaking, mandatory disclosure documents are required to be provided to the other spouse within 45 days of filing the divorce petition, if you are the petitioner, and 45 days after being served, or accepting service, if you are the respondent.

Some of the main documents provided in mandatory disclosure are:

•               Financial Affidavit

•               Last three years of tax returns, or W2s if not filed yet

•               Recent paystubs

•               Last three months of checking account statements

•               Last 12 months of savings account statements

•               Recent credit card statements

•               Most recent retirement account statements

•               Any loan applications for the last 12 months

In many divorce cases where there is little debate about what each party makes, or what the assets and liabilities are, mandatory discourse documents will usually be enough for each party to have the information necessary to make a fair and equitable marital settlement agreement.