Phases

Family Law Phases

Our goal at Metis Titan Rules is to provide a detailed explanation of the law so that each client understands their court case. This section provides a broad overview of Family Law in Florida. If your case is ongoing, the progress of your case through the court system likely fits into one of the categories listed below. By understanding where your case is at in the court proceedings, you can have a better understanding of what to expect, how much it will cost, and how long your case will take.

First Phase:
Initiation of the Case

Fourth Phase:

Finalizing phase

Second Phase:
Information Exchange (Discovery)

Fifth Phase:

Post Judgement Enforcement

Third Phase:
Mediation

Initiation phase

This is where the case is opened in the court. To open a new case, a petition must be filed with the court. This petition is the primary document of each court case. The Petition is the document where an individual (party) asks the court to ‘do something’. That request could be for a divorce, to provide time with their child, to determine child support, relocation, etc. It is critical to get the petition correct, as there are specific aspects that must be included in the Petition and cannot be asked for outside of the petition. A petition may be dismissed if the court determines it does not meet the legal requirements. A counter-petition, an answer to petition or counter-petition, and a supplemental petition for modification are part of the initiation phase as well.

Exchange Phase

Under Florida Rules of Family Law Procedure 12.285, there is mandatory information that must be exchanged between the parties. Either party may request more information beyond what is mandatory. That additional information is referred to as discovery.

Mediation Phase

After mandatory disclosures have been completed, the case is ready for mediation.

Almost all family law cases in Florida require mediation if the parties cannot resolve the issues within the case on their own, prior to mediation. Generally, before a judge will allow a contested final hearing to be scheduled and heard, the parties must have attended mediation.

Finalizing Phase

A final hearing can be contested or uncontested. If a full agreement is not reached at mediation or through settlement negotiations before the final hearing, the final hearing will be contested, and the judge will make a ruling on any issues that have not been resolved prior to the hearing. A contested final hearing is usually a minimum of three hours and requires witnesses and testimony. If all issues are resolved, the final hearing will be uncontested. At this time, the judge will review the case to ensure that everything in the case has been done properly and will issue a final order of the court.

Post Judgement Enforcement

When a case has been completed and there is an order from the court, all of the parties are expected to comply with the order from the court. From time to time, an individual may not be following an order from the court. When this occurs, that individual might be out of compliance and this may require the court to issue an order, directing or forcing the individual to comply with the previous order. Often, to make this happen a request or motion needs to be filed with the court. Those motions are generally referred to as motions to compel or motion for contempt.