A divorce is a stressful and disruptive event. Being prepared can help you get through it a little easier, and knowing what to expect can relieve some of your anxiety.
Talk to a trustworthy divorce attorney at our firm about preparation for divorce in Fort Lauderdale. We can explain the law, identify issues that might arise in your divorce, and help you every step of the way.
Learn About the Divorce Law
There is no fault-based divorce in Florida. Divorcing couples must cite that their marriage is irretrievably broken and no proof is needed. There is just one exception: if a court finds a person is mentally incapacitated, then after three years their spouse can file for divorce.
The law presumes it is in children’s best interests to have meaningful time with both their parents. A parent who wants to limit their co-parent’s contact with the children after a divorce should have a candid conversation about their concerns with an attorney.
Florida Statute § 61.075 covers property division in a divorce, and it says that property must be divided fairly, but not necessarily equally. If the parties cannot reach a property settlement on their own, a judge will start with the premise that an equal division is fair. The judge will then look at other factors that might persuade them to award one spouse more than half.
Develop a Divorce Strategy
A divorce can be contested or uncontested. An uncontested divorce means that the couple agrees on property division, alimony, and issues related to their children before they file for divorce. They submit their agreements when they file and a judge reviews them. If all is in order, the judge will issue a divorce decree within a few weeks.
When the spouses do not agree on all the relevant issues before filing for divorce, they have a contested divorce. At the initial hearing, the judge will issue orders governing the parties’ conduct during the divorce proceedings and set a schedule for discovery, which is an exchange of information. Negotiations usually take place throughout the proceedings and most couples reach agreement on all issues before the case goes to a trial.
An uncontested divorce is faster and less expensive in the long run, but it requires more work before the divorce filing. Spouses who can communicate constructively should consider working with a mediator to resolve the relevant issues before filing for divorce. When pre-divorce negotiations are impossible or unsuccessful, a Fort Lauderdale attorney can conduct negotiations with the other spouse’s legal representative during the divorce proceedings.
Make Financial Preparations
A divorce means that a couple must support two households on the same income that used to support just one. The adjustment can be jarring. A spouse anticipating a divorce should learn as much as possible about the couple’s financial situation, and should obtain copies of all important documents like:
- Bank and brokerage account statements;
- Mortgage documents;
- Titles to real estate and vehicles;
- Tax returns for the past five years, if possible;
- Prenuptial or postnuptial agreements;
- Loan documents;
- Credit card statements.
Thorough documentation allows the spouse to set realistic expectations for property division, and helps the negotiation proceed more smoothly.
Anyone anticipating a divorce should try to set some money aside to pay living expenses in case their spouse tries to interfere with their access to funds. A Fort Lauderdale attorney can go to court to restore access to funds if a divorcing spouse cuts the other off financially, but it is wise to be prepared just in case.
Consult a Fort Lauderdale Attorney for Advice About Preparing for Divorce
There is a lot of work that goes into getting a divorce. Understanding what is ahead and giving yourself time to plan is beneficial, when possible. The family attorneys at The Florida Probate & Family Law Firm can give you sound advice about preparations for divorce in Fort Lauderdale. Schedule a free case evaluation to discuss your divorce plan.