What Should Families Know Before Beginning the Divorce Process?

Considering divorce? Knowing what to expect before you start can save you a lot of time and stress, and talking to a Fort Myers, FL, divorce lawyer early will help you get all the facts straight and plan ahead so the road is as smooth as possible.

Basic Divorce Requirements

First, you need to confirm you meet the state’s residency rules. At least one spouse must have lived in Florida for six months in order for you to file a divorce petition, but the only grounds you need to state is that the marriage is “irretrievably broken.” Florida has a no-fault approach, so you do not have to prove there’s been misconduct unless you need to for other reasons. Your case will be filed in the circuit court in the county where you and your spouse last lived together, or it can be filed in the county where either of you now lives if you’re separated.

Gathering Your Financial Information Will Save Your Time

Even if you’re not yet eligible to file or ready to file, start collecting documents now so you understand exactly what you own and owe together. Make copies of the last three years of joint and individual tax returns, all your recent pay stubs, all bank and credit card statements, your retirement account summaries, and any mortgage statements, car titles, and business records.

Prepare a Plan for Your Children

If you have minor children, Florida law requires there to be a parenting plan in place before the divorce can be finalized, and it’s usually best if the parents can agree on a plan rather than force the court to impose one on them. The plan should cover how you will share time with the children, who makes decisions about their education, health care, and daily activities, and how you will handle holidays and travel. Both parents must also complete a state-approved parenting course before the final hearing.

Consider Spousal Support and Child Support

Do you envision alimony or child support applying in your situation? Think now about what you want to ask for. Again, if you can come to your own agreement, then the court is likely to approve it if it’s basically fair to both spouses (for alimony) and in the best interests of the child (for support). Your lawyer can give you details about what the courts will be looking for in these arrangements and how to come up with an agreement that works.

Protect Your Personal Documents and Safety

Make sure you have both digital and paper copies of all birth certificates, passports, Social Security cards, marriage license, and insurance policies. If you share a safe-deposit box, note what is inside. If safety is a concern, talk with a lawyer about getting protective orders or temporary arrangements in place before you make any moves.

Contact a Fort Myers, FL Divorce Lawyer

For help with all of this, contact HD Law Partners for help. We have over 100 years of combined trial experience across our Florida offices and serve families in Fort Myers, Tampa, Orlando, and Sarasota.

Tags: Florida Divorce Attorney, Tampa Family Law Attorneys
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