How Can I Prepare for a Divorce in Florida?

Divorce is never easy, but with the right planning, it can be more manageable. If you’re considering or anticipating a divorce in Florida, understanding the legal process and preparing properly can make a major difference in how the case unfolds. Florida has its own set of family laws that govern how divorce is handled, and being aware of your rights and obligations under these laws will help you make informed decisions every step of the way.

Below is a detailed guide on how to prepare for a divorce in Florida, including what legal standards apply, what practical steps you should take, and how to protect your interests throughout the process.

Understand Florida’s No-Fault Divorce System

Florida is a no-fault divorce state. There is no requirement that you prove that your spouse did something wrong to file for divorce. Under Florida Statutes § 61.052, the only legal grounds required are that the marriage be “irretrievably broken” or that one of the spouses be declared mentally incapacitated for at least three years.

You don’t need to prove infidelity, abuse, or abandonment to be granted a divorce. However, behavior such as infidelity may still come minimally into play when the court considers certain aspects of the divorce, such as the division of assets or alimony, depending on the circumstances.

Meet the Residency Requirement

To file for divorce in Florida, at least one spouse has to have lived in Florida for a minimum of six months prior to filing. This requirement is outlined in Florida Statutes § 61.021. If neither you nor your spouse meets the residency requirement, you will have to wait until one of you has established sufficient residency.

Gather Financial Documentation

One of the most critical steps in preparing for a divorce is to gather all relevant financial records. Florida requires a full and honest financial disclosure from both parties under Florida Family Law Rule of Procedure 12.285. This rule outlines the mandatory disclosure of documents including:

• Income tax returns
• Bank statements
• Credit card statements
• Pay stubs
• Retirement account statements
• Mortgage or lease agreements
• Property deeds
• Vehicle titles

These documents are essential for determining equitable distribution of assets and debts, as well as calculating alimony and child support, if applicable.

Understand Equitable Distribution of Property

Under Florida Statutes § 61.075, marital property and debts are divided in a fair manner but not necessarily in an equal manner in a divorce. Marital property includes all assets and liabilities that were acquired in the marriage, regardless of whose name is on the title.

Non-marital property (e.g., assets acquired through inheritance or prior to the marriage) generally stays the separate property of the individual spouse. However, if you commingle non-marital property with marital assets, such as by depositing an inheritance into a joint bank account, the non-marital asset may lose its separate status.

Consider Whether Alimony May Apply

Alimony, also known as spousal support, may be awarded in Florida under certain circumstances. Florida Statutes § 61.08 lays out the factors the court will consider, which include:

• The duration of the marriage
• The standard of living during the marriage
• Each party’s financial resources and earning capacity
• Contributions to the marriage, including homemaking and child-rearing
• The age and health of each spouse

Florida recognizes different types of alimony, such as bridge-the-gap, rehabilitative, durational, and permanent alimony. As of July 1, 2023, permanent alimony is no longer available in Florida, following a significant legislative change. You should evaluate which, if any, type of alimony may be relevant in your case and begin gathering documentation to support your position.

Prepare for Issues Related to Children

If you and your spouse have minor children, your divorce will need to address parental responsibility (legal custody), time-sharing (physical custody), and child support. Florida courts prioritize the best interests of the child under Florida Statutes § 61.13.

You and your spouse will be required to create a parenting plan that outlines how you will share responsibilities and decision-making for your children. This plan should cover:

• Time-sharing schedule
• Decision-making authority for education, healthcare, and religion
• Communication methods between parents and with the children
• Transportation and exchange arrangements

Child support in Florida is determined using a formula set out in Florida Statutes § 61.30, which considers both parents’ incomes, healthcare and childcare expenses, and the number of overnights each parent has with the child.

Avoid Taking Drastic Financial Actions

Once you start thinking about divorce, it’s natural to want to protect your financial interests. However, avoid making drastic moves such as emptying joint accounts or transferring property out of your name. These actions could be interpreted by the court as bad faith or even a violation of an automatic standing order, depending on the court’s local administrative rules.

Instead, open your own bank account and begin establishing financial independence in a reasonable and transparent way. Also, consider running a credit report to understand any joint debts and protect yourself from liability for debts you may not even be aware of.

Think About Your Living Situation

Many people wonder whether they should move out of the marital home during a divorce. While every situation is different, moving out is common.  But be advised that it may affect how the court then views temporary child support, temporary alimony, and temporary child visitation. However, if your living situation is unsafe due to domestic violence, then seek help immediately. Florida law provides for injunctions for protection against domestic violence under Florida Statutes § 741.30. Safety should always be the top priority.

Prepare Emotionally and Practically

Divorce is not just a legal event—it’s a life-changing one. Beyond hiring professionals like accountants, real estate appraisers, financial advisors, and/or mental health counselors or therapists, begin creating a support system for yourself. Talk to trusted friends and family members who can offer guidance and emotional support during this challenging time.  Also, create a checklist of all personal, legal, and financial tasks you need to complete. Getting organized early will allow you to manage the process more smoothly and reduce your stress as the case moves forward.

File the Petition for Dissolution of Marriage

Once you’re ready to proceed, you will need to file a Petition for Dissolution of Marriage in the circuit court of the county where you or your spouse resides. The filing fee varies by county but is generally around $400. After the petition is filed, your spouse will need to be formally served with the documents. If your spouse files an answer agreeing with the petition, your case may be eligible for an uncontested divorce process, which is typically faster.

If your spouse contests the divorce, your case will follow a standard contested litigation process, including discovery, mediation, and possibly trial. During this time, the court may issue temporary orders regarding custody, visitation, child support, alimony, exclusive use of the marital home, and/or attorney’s fee and costs reimbursement.

Lakewood Ranch, Bradenton, Sarasota, and Venice, Florida Divorce Lawyers

Divorce in Lakewood Ranch, Bradenton, Sarasota, and Venice, Florida can be overwhelming, but preparation is key to protecting your rights and achieving the best outcome. If you’re considering divorce or have been served with divorce papers, it’s important to understand your legal options and next steps.

For trusted legal guidance tailored to your unique situation, contact the Law Offices of Matthew Z. Martell, P.A. divorce lawyers by calling (941) 556-7020 or contacting us online for a free initial consultation.