Divorce is a challenging process due to the procedural requirements involved, along with the emotional weight that comes with the proceedings. Divorce can involve complex issues affecting children, finances, real estate, business interests, and other considerations. Preparation for divorce in Pembrook Pines requires an understanding of state divorce law, and a knowledgeable divorce attorney can help you each step of the way. Reach out to the dedicated lawyers at The Florida Probate & Family Law Firm to learn more.
Understanding the Divorce Process
Divorce is the legal process of terminating a marriage and addressing issues such as property division, child custody, child support, and spousal support (sometimes known as alimony). The terms of a final divorce judgment can have permanent impacts on both spouses. Because of this, it is essential to prepare for divorce in Pembroke Pines as early as you can – whether you plan to file or anticipate your spouse will file. It helps to start with plans for any property that will be involved and for issues involving any children born during the marriage.
How Does a Divorce Case Start?
State law requires at least one spouse to be a resident of Florida for at least six months before the filing date. Florida allows no-fault divorce, meaning that a filing party can simply state the marriage is irretrievably broken. Other grounds for divorce in Florida under Florida Statutes § 61.052 include:
- Mental incapacity (under certain circumstances)
- Adultery
- Abandonment
- Abuse
- Neglect
- Misuse of marital funds
Our Pembroke Pines attorneys can guide clients through the initial steps of a divorce complaint, whether they are filing for divorce or have been served with papers.
Division of Property in a Divorce
Divorce in Florida requires an equitable distribution of the parties’ assets, debts, real estate, financial accounts, pensions, and any other property accumulated during the marriage. “Equitable” does not mean a 50/50 split, but courts try to ensure fairness to both sides. Before a divorce case in Pembroke Pines starts, you can prepare by:
- Organizing pay stubs, income statements, tax returns, bank statements, and all financial accounts
- Listing all known financial liabilities, such as mortgages, loans, credit card balances, and other debts, regardless of which spouse might have accrued the debts
- Calculating your monthly living costs, including utility expenses and other recurring bills
- Reviewing all real property and vehicles you own, regardless of when you came into possession of them
- Identifying any property you owned prior to the marriage that might be considered separate instead of marital
Knowing your financial footing before a divorce case begins can help you navigate the process in a stronger position.
Issues Involving Children During a Divorce
If you share children with your spouse, you will need to plan for child custody and child support. Parents can reach agreements on how child custody and visitation will be handled, and attorneys can put those agreements into writing as enforceable court orders. If child custody and support will be contested, careful planning is essential. A divorce attorney with proven experience handling child custody and support disputes in Pembroke Pines can help you prepare for this aspect of the case.
Contact a Pembroke Pines Lawyer to Learn More About Preparing for Divorce
Getting a head start on divorce planning can simplify the process and increase the likelihood of a favorable outcome. Preparation for divorce in Pembroke Pines involves reviewing your financial affairs, assets, debts, and any custody or support issues. The dedicated lawyers at our firm are here to help you today. Call now to schedule your consultation.