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3 things you should learn before filing for divorce in Florida

On Behalf of | Jun 27, 2022 | Divorce

Divorce is a time of uncertainty, as you don’t know what a judge will rule or how your ex will react to the process. There are certain things you simply cannot predict unless you have an ironclad prenuptial agreement with your spouse.

However, you can develop a better understanding of what happens during Florida divorces and create a workable strategy for your upcoming divorce when you understand the basics of the process. What do Florida residents need to know about before filing for divorce?

The state of their marital estate

Before you can start planning for your future after divorce, you have to have a good understanding of your current circumstances. You need to look at your household financial information and also the needs of your children to determine what decisions will be necessary during your upcoming divorce.

Carefully reviewing your own finances is important, as it can help you identify possible hidden assets or signs of dissipation. When you know what property you share with your spouse, you will have a better idea of what resources and debts the two of you have to divide.

The rules for property division

You need to understand how the state divides your property if you have to ask a judge for their support. You and your ex have the right to reach your own property settlements. If you cannot or do not, then a judge will apply the state’s equitable distribution rule to your marital estate.

All of the debts you accrued while married and the income and property you accumulated during the marriage will be subject to division at the judge’s discretion based on your marital circumstances.

The standard for custody proceedings

Parents with minor children in Florida will need to find a way to share the responsibility for their children.

A time-sharing plan is a crucial component in any Florida divorce. As with property division, you can either settle the matter yourselves or go to court and have a judge and apply state law. In Florida, the best interests of the children guide the division of parental responsibilities and time-sharing.

The rules for both property division and custody matters are subjective and interpretive, which means it will be difficult for you to completely predict what will happen to your property or with your children when you file for divorce. However, you can develop baseline expectations and the start of a legal strategy when you have an understanding of state law and what decisions the two of you need to make.

Learning more about the implications of divorce in Florida will help you prepare for the upcoming major change for your family.