Some people might know on some level that a divorce is imminent, whether because of outright conflict in the marriage or more growing distance between spouses. If you do think a divorce may be in the near future, then you should take certain steps to prepare for the legal proceedings and tough discussions to come.
Preparation for divorce in Coconut Grove should include getting a divorce attorney on your side, but there are also other things you can and should do in your ordinary life to prepare yourself. By gathering information about your assets and family, you can start to prepare today with the help of one of our attorneys.
What a Divorce Typically Means
A divorce severs the legal relationship of marriage, turning what is often considered one entity back into two separate parts. This division takes in the history of the relationship and what each person put in over its duration.
Florida is a “marital property state,” meaning that most property acquired during a marriage is up for division in a divorce. Assets and property—including real estate, financial accounts, and personal property—will be divided equitably in the divorce, not necessarily in an even 50-50 split.
Preparing for Equitable Division
In evaluating what is “equitable,” a judge will look at certain factors laid out by Florida statute. As detailed by Florida Statutes § 61.075, a judge will look at each spouse’s contributions to the marriage (including childcare and education in addition to financial contributions), the financial situations of each person, and the duration of the marriage. Whether one spouse encouraged or contributed to the opportunities of the other can also be taken into consideration, as well as if one spouse should keep the marital home for a child, rather than splitting the value in a sale.
Child Provisions
A divorce will also include provisions for a child, if applicable, such as an order for child support and a time-sharing plan for each parent. Depending on each spouse’s situation and relationship with the child, a judge can craft a schedule for time spent and arrange for how each parent will provide for the child’s education.
A Coconut Grove attorney can work with you to make preparations in order to get the most beneficial results in a divorce.
Taking Preparatory Steps with the Aid of a Lawyer
Information is your friend in anticipation of divorce proceedings, especially if you do not yet have a full picture of your marriage. Getting an idea of what assets are out there, both in your name and in your spouse’s name, can let you anticipate what amounts will be divided by the court.
You may not know of every account that your spouse may have or that existed before your marriage, but you will need to know them in order to protect your interests during a divorce. Furthermore, you may have your own accounts or property from before the marriage that you will need to disclose, so you should pull together as much information as possible.
You should also organize information about your children, including their school schedules, hobbies, and extracurricular activities. Knowing the ins and outs of a child’s life can help you show that you can continue caring for them after the divorce.
Consulting with a divorce attorney can make it easier to gather this information, as they can coordinate your documents and request information from multiple sources. As you look toward a divorce, your preparation can be handled in part by your Coconut Grove attorney before it is even filed in court.
Start Divorce Preparation with a Coconut Grove Attorney Today
The best preparation for a divorce in Coconut Grove is to understand the assets and responsibilities you currently have in your marriage. Your family law attorney can guide you through these first steps and help you file for divorce, if desired. At The Florida Probate & Family Law Firm, we offer a free case evaluation to get the process started, so contact our offices to learn more today.