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4 Things To Consider When Deciding To File For Divorce In Florida


Filing for divorce is a decision that should not be taken lightly. However, it is not uncommon for married individuals in Florida to file a petition for divorce without considering all of the factors that could impact the outcome of their divorce proceedings.

Below, we will discuss the four things every person should consider before actually filing for divorce. Alternatively, you can speak with a knowledgeable attorney to discuss your particular situation and understand your rights and options when getting a divorce in Florida.

Schedule a case review with an Orlando divorce attorney to find out everything you need to know about filing for divorce in Florida and prepare for any issues that might arise during your divorce proceedings.

  1. Do You Meet the Eligibility Requirements for Divorce in Florida?

Fla. Stat. § 61.021 sets forth residency requirements to ensure that a spouse is eligible to file for divorce. Under Florida law, at least one of the divorcing spouses must have lived in Florida for no less than six months before a petition for divorce is filed. You cannot initiate the divorce proceedings if you do not meet Florida’s eligibility requirements for divorce.

  1. Do You Have the Necessary Financial Documents to File for Divorce?

Preparing for a divorce can be a complex and time-consuming process. For this reason, you need to make sure that you have all the necessary documents before you file a petition for divorce. Depending on the circumstances of your case, you may need copies of your tax returns, pay stubs, and many more.

Generally, it is advisable to gather the necessary documentation prior to filing for divorce because you may not have access to all of your documents once you file a petition for divorce, especially if you are the one who moves out of the marital home.

  1. Do You Know What is Marital vs. Separate Property in Your Divorce?

Under Florida law, courts classify assets owned by married spouses as either marital or separate when they get a divorce. In Florida, any property acquired by the spouses during the marriage is subject to equitable distribution.

If you are considering filing for divorce in Florida, you need to understand what types of property will be divided between you and your spouse. In most cases, parties need to hire an appraiser to value your property to ensure that the assets are split in a fair and equitable manner.

  1. Do You Have Children from Your Marriage?

If you and your spouse share minor children, you will need to reach an agreement about a parenting plan. Negotiating a parenting plan can be stressful, which is why divorcing spouses may want to consider seeking the legal counsel of a knowledgeable attorney.

Consult with an Orlando Divorce Lawyer

Getting a divorce is always a confusing and complicated process, which is why you may have more questions about the divorce proceedings in Florida. Our attorney at the Law Offices of Steve W. Marsee, P.A., is prepared to help you handle your divorce case and explain your rights and obligations when seeking a divorce in Florida.

Call 407-521-7171 to schedule a case evaluation.



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