This was a project I did for Douglas Pullen in June of 2020. He sent me legal documents on divorce proceedings and asked me to summarize them into a scripted format that would be easy for a viewer to understand. It comes across as quite dry, but when it comes to divorce proceedings, clarity is key. This is the finished script.

(Long) Script for Divorce Proceedings in Florida, Explained

From: Desk, Office Interior

Paralegal:

Good morning! My name is ________ and I’m a paralegal. I wanted to talk to you today about how to file for a divorce. I know that divorce proceedings can seem overwhelming, so I’d like to help relieve the stress of what I know can be a very stressful situation. If you follow these guidelines, I assure you, you’ll have nothing to worry about. Here are the five steps to completing the divorce proceedings.

Step one is simply Filing the proper paperwork. You must file a petition, the written request for legal action in granting your divorce. The petition has to affirm that the marriage is irretrievably broken and include what you want from the court.

The Florida courts provide five standard petitions to choose from to file for divorce, which is also referred to as a dissolution of marriage). The first is known as the Petition for Simplified Dissolution of Marriage, where you and your spouse complete the petition together. There are also other required forms and optional forms to complete, some of which are mentioned in these other steps. Whatever is not mentioned, be sure to check with your clerk of court to be sure that you have all the documents you need for your situation.

Aside from that first petition, the other four petitions involve children, relocation, and property. They are each known as Dissolution of Marriage with Dependent or Minor Children with Planned Relocation, Dissolution of Marriage with Dependent or Minor Children with No Planned Relocation, Dissolution of Marriage with Property but no Dependent or Minor Children, and Dissolution of Marriage with no Property or Dependent or Minor Children. These petitions are each targeted to meet your specific needs with your divorce.

If you’re the one calling for this action, you become the Petitioner, the one leading the process. You remain the Petitioner throughout these proceedings. Once you’ve completed your petition and any other supporting documents, they must be filed through your local clerk of court in order to officially open your case. You’ll be hearing a lot about your local clerk of court, they’re ones who will help you with the specifics of this process.

The second step is known as Service. After you file your petition for divorce, the other party must be notified. They are then ‘served’ the documents and are informed of potential court hearings. Your local clerk of court can help you with this to make sure that the Responding party is served properly, as there are a few different ways to be served.

After that, the Responding party must Answer. This is where the Responding party, the Respondent, gets their name. They’re supposed to respond to the petition, giving a documented explanation of their side of the story. This becomes their answer. Their answer must include what they do agree and don’t agree with in the petition, and anything not expressly denied will be considered an admission. If no response is received within 20 days, the Petitioner may file a Motion of Default and will move the case towards its end. However, the Respondent has the option to file a counterpetition if there are claims that they feel are not met within the original petition. This is also filed through your local clerk of court, and in this instance, it is now the Petitioner who has 20 days to respond. After this, a final hearing will be set and the judge will make a decision, even if one of the parties remains uncooperative or hasn’t responded.

Similar to the Petitions, there are five standard documents for the Answer. The first of these does not refute anything in the original petition and moves directly to final judgement. This document is known as the Answer, Waiver, and Request for Copy of Final Judgment of Dissolution of Marriage. The second agrees to the divorce but disagrees with certain claims in the original petition, known simply as: Answer to Petition for Dissolution of Marriage.

The final three address children and property as well, like those four earlier petitions mentioned. They are each known as: Answer to Petition and Counterpetition for Dissolution of Marriage with Dependent or Minor Children, Answer to Petition and Counterpetition for Dissolution of Marriage with Property but No Dependent or Minor Children, and Answer to Petition and Counterpetition for Dissolution of Marriage with No Dependent or Minor Children or Property.

Like the petitions, there may be other optional or required forms that go along with each of these answers. Be sure to check with your clerk of court to be sure that you have all of the necessary documents for your situation.

We’re almost done, now the fourth step is known as Mandatory Disclosure. This just means that there are certain financial documents that each party are required to give each other. If you do not disclose these documents before their deadline the court could move to drop your case, or even refuse the claims of the party failing to cooperate. It’s very important to finish these documents on time.

Finally, the last step in this process is the final Decision. There are different ways to come to a conclusion in your proceedings. In one way the dispute could be settled through mediation, in which a judge appoints a mediator as an impartial party to help settle the conflict. If the mediation isn’t successful, you can go to court where the judge will make the decision for you. The requirements for going to court are the completion of your documents. The petition, answer, and any potential counterpetitions have to be filed as well as the financial documents from the mandatory disclosure. Once those are all filed, your local clerk of court can help you set your hearing or trial date. After that, the judge will sign a written final judgement or order to conclude your proceedings.

When the proceedings conclude, this is when the parent plan, child support, and potential alimony take effect. The parenting plan is a previously agreed upon plan for your child’s education, health care, and overall wellbeing. The parenting plan is for your child’s best interest and is created to ensure that they have the care that they need from each parent after they separate. Child Support exists to also make sure that your child is financially supported based off of each of your incomes and your child’s needs. It is up to you to determine if child support will be paid through direct payments or indirect benefits. Lastly, alimony is granted based off of the need of one spouse and the ability to pay by the other. There are different types of alimony for different types of situations, including bridge-the-gap, rehabilitative, durational, and permanent alimonies. These are in place to ensure that you can remain financially stable once your divorce has taken effect.

I know that this information seems like a lot, but I hope it’s helpful for you. I promise if you follow each of these five steps your proceedings should go smoothly. Thank you for listening, and good luck going forward!