Going through a divorce is a highly stressful and major life change. Along with the emotional toll of the separation, the legal battle can be just as strenuous. Whether you’re in the beginning stages of a divorce or in the midst of legal proceedings, it’s important to know what you’re up against. Here are four stages of what to expect if you choose to litigate your divorce settlement in court.

Orlando Divorce Lawyers

Stage One: Filing Your Case

The first step you must take to begin the divorce process is filing your case. These documents will request that your marriage be dissolved and any a form of relief you intend to seek from your spouse. This relief includes spousal support, property and debt division, custody, visitation, child support, and attorney’s fees. The papers are then filed with the Clerk of the Circuit Court in your county. Your spouse will then be served with a notice of divorce proceedings with a court date.

If you’re the individual being served with the petition for dissolution, then you will have a specified window of time to either admit or deny the allegations made by your spouse. Be sure to answer the petition by the deadline, otherwise the allegations made by your spouse may be treated as facts in the courtroom, even if they are untrue.

Stage Two: Discovery

Once the served party answers the petition, a period called discovery begins. During this time, each party will seek additional information from the other. Your lawyer will be heavily involved in this process to help search for relevant material that can help your case such as behavior, parenting abilities, and finances.

Your lawyer will be responsible for filing interrogations, requests for the production of documents, and depositions. Following the filing of a response to the petition, the court allots each party around six months to conduct discovery. However, the court can extend or shorten this time.

Stage Three: Mediation

Mediation is the last attempt by both parties to settle the divorce outside of court. Most courts require the disputing parties to attend mediation in order to resolve disputes on their own. During mediation, you, your spouse and your respective attorneys will meet with a mediator. The mediator will act as a facilitator, assisting you with reaching a resolution for your case. This is a much more affordable alternative than a trial. A settlement allows you and your spouse to decide what is best rather than the judge. If mediation does not help, the case will have to be litigated in a courtroom.

Stage Four: Trial

Once discovery is complete and all other attempts to settle outside of court have failed, the last step is going to trial. At trial, a judge will hear the opening statements, testimonies of witnesses, and closing arguments. The judge may rule at the end of the hearing or take the matter “under advisement,” in which case you will have to wait for his/her written final ruling.

As with any divorce case, it’s important to find an attorney that will support you every step of the way. Contact the Law Offices of Michael B. Brehne or call our office at to discuss your options.