Top 10 Things To Know If You’re Getting Divorced
Tips for Navigating Divorce
Whether you have already started the divorce process or believe divorce is in your future, it is important to be as prepared as you can be for such a life-changing event. With over 40 years of combined experience with divorce law, we understand navigating this new chapter can be hard.
To make it easier for couples looking for help, we’ve compiled the most important things to keep in mind to avoid common mistakes when you’re going through this transition.
1) Gather your financial documents.
You should have a good understanding of your finances when you begin the divorce process, as your assets and debts will be taken into account during the divorce proceedings. This helps determine the outcome of your divorce. Gather documents such as tax returns, bank account records, retirement statements, investment account records, and pension information. If you were not responsible for the finances in your household, take inventory of your assets and debts, including photographs of your home, property, and valuables. You may also want to obtain a credit report to understand your financial standing. This will help you start on the right foot once the divorce is granted.
2) Trust your attorney.
While friends or family may offer advice from their own divorce experience, every case is different. Your friend’s situation may not apply to yours. That’s why it’s essential to trust your divorce attorney, who knows the details of your case and the laws that apply in your state. Your attorney is there to provide the best options for you based on their legal knowledge and experience.
3) The divorce process can be long and confusing.
Statistics show that the typical divorce lasts about one year. Though some clients may reach closure sooner, it’s important to remember that the process takes time. Your attorney must follow court procedures, which may not allow an immediate court hearing. Trust that your divorce attorney is working diligently to move your case forward and provide you the best representation possible.
4) Be patient and consider long-term ramifications.
Many people, worn out by the emotional turmoil of divorce, may seek a quick resolution just to move on. However, settling too quickly can lead to regret down the road. Make sure to make informed decisions with a clear head. A lawyer can help you think through long-term consequences and avoid emotional decision-making.
5) Avoid unnecessary spending.
During the divorce proceedings, assets and debts are shared between you and your spouse until a Petition for Dissolution of Marriage is filed. This means you may still have a mutual interest in assets or debts acquired by either party, even if you are separated. Be mindful of your spending during this period to avoid potential financial consequences.
6) Understand Florida divorce requirements.
To file for divorce in Florida, you or your spouse must be a resident of the state for at least 6 months prior to filing or a member of the armed forces stationed in Florida. Fault is not a basis for divorce in Florida. The most common basis to dissolve a marriage is establishing that the marriage is “irretrievably broken”.
7) Consult an attorney before moving out.
If you’re contemplating moving out of your home, consult with an attorney first. Leaving the marital residence can have legal implications for time-sharing with your children and carry financial consequences.
8) Don’t sign anything without legal advice.
Never sign any binding agreements on time-sharing, asset and debt division, child support, or alimony without consulting an attorney. These agreements can have unintended and often disastrous consequences without proper legal guidance.
9) Mediation may be an option.
During your divorce process, you’ll likely have the opportunity to engage in settlement discussions through mediation. Neither party is compelled to settle, and if mediation doesn’t work, the issues can be decided by a Florida state judge.
10) Avoid unnecessary conflict.
It’s crucial to avoid arguments with your spouse over issues that will be resolved during the divorce process. Emotions can run high, and conflicts can quickly escalate, potentially leading to domestic violence situations. Staying calm and avoiding conflict can help you maintain a clear head throughout this process.
Divorce is challenging, but with patience and the right guidance, you can navigate it effectively. Stay focused on the long-term outcome and trust your attorney to provide the support you need.