Top 10 Things To Know If You’re Getting Divorced


Top Ten Things to Know About 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 when you’re going through this transition.

1) Gather your financial documents, such as tax returns, bank account records, retirement statements, and investment account records. Inventory your assets, including taking photographs of the property in your home. If you do not know all the finances related to your marriage, this information will be obtained in the divorce process. Don’t forget to include pension and retirement asset information.

2) Every case is different. Your friend who went through a divorce is well intentioned, but their facts and circumstances are not the same as yours. Trust your attorney, they went to law school and practices divorce law for a living.

3) The divorce process can be long and confusing. You may want to get to court immediately, but your attorney must follow court rules and procedures that 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) Don’t settle your case for the sake of moving on and putting the divorce behindyou. Make sure you make an informed decision and at a time when your emotions are not controlling your thinking.

5) Until you file a Petition for Dissolution of Marriage, even if you are separated, you and your spouse are still responsible for any assets or debts the other spouse acquires. Any interest earned or debts that are acquired will be equally distributed between both parties.

6) 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) If you are contemplating divorce, consult with an attorney before you move out of your home. Moving out of the marital residence can impact time-sharing with your children as well as carry financial implications.

8) Consult with an attorney before you sign anything. Entering a binding agreement to resolving issues such as time-sharing, asset and debt division, child support and alimony without the benefit of knowing the law on those issues can have unintended, often disastrous consequences.

9) You will have an opportunity to engage in settlement discussions with your spouse in a process known as mediation. Neither party can be compelled to settle the case at mediation. In the event you cannot settle your case through mediation, you are entitled to have the issues determined by a Florida state judge.

10) Try to avoid unnecessary conflict. Do not argue with your spouse about the issues that will be resolved in the divorce process. During the divorce process, emotions are likely to run high and arguments can escalate quickly. Avoid any conflict that could lead to a domestic violence situation.