1. Equitable Distribution

The first crucial thing you need to know is that Florida follows the equitable distribution principle when dividing property between divorcing parties. Equitable distribution means that property is divided in a fair manner. Equitable distribution does not mean that spouses must receive equal shares of property. However, a 50/50 split is possible if it is considered fair. In fact, according to Florida Statute 61.075,  Florida courts are required to start with the premise that the distribution should be equal. Florida courts order unequal distribution of property if there is a justification for such a division based on all relevant factors.

2. Separate vs. Marital Property

The second crucial thing you should know about property division in Florida is that only marital property is divided between spouses during divorce. Marital property generally includes any property that was acquired during the marriage. On the other hand, separate property is any property that was acquired before the marriage. However, there are some exceptions to these definitions. For instance, an inheritance or gift given to one spouse during marriage is not considered marital property. It is also crucial to note that there are situations where separate property can be transformed into marital property. For example, if separate property is mixed with marital property, it can transform into marital property.

3. Debts and Liabilities

Often, when people think of property division in a divorce, they only think about the distribution of assets. However, in Florida, property division does not involve assets only. It also involves debts and liabilities. If you and your spouse have joint debts, these debts must be accounted for when determining how property should be divided between you.

4. Factors Considered When Determining What Constitutes a Fair Division

The following are some of the factors Florida courts consider when determining how to divide marital property between divorcing spouses;

• The contribution each spouse made to the marriage
• The spouses’ economic circumstances
• The length of the marriage
• The contribution of one party to the educational opportunity or personal career of the other party
• Any education or career interruptions of either spouse
• The intentional wastage or destruction of marital assets

5. How Are Pets Handled in a Florida Divorce?

While you may view your pet as a cherished member of the family, the Florida legal system views pets as personal property. In a Florida divorce, pets are also subject to equitable distribution. For this reason, it is best for spouses to reach an agreement regarding the custody and care of their pets whenever possible.

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The following are the general steps to get a Florida divorce in 2024;

1. Checking Florida Divorce Requirements

Specific requirements must be met for a married couple to get a divorce. Therefore, the first step in the divorce process is for the party seeking to initiate the divorce to check that they meet the criteria to file a Florida divorce. Under Florida Statute 61.021, to get a Florida divorce, one spouse must have resided in the state for not less than six months before filing the divorce. Florida is a no-fault divorce state. When it comes to grounds for divorce, the only requirement is that the marriage is irretrievably broken.

2. Preparing Documents

The first step after checking the divorce requirements is gathering information and documentation. Organization is crucial. Documents to prepare include tax returns, income records, pension plans, and credit cards.

3. Filing the Petition

After preparing all necessary documents, the next step is to fill out the Petition for Dissolution of Marriage and file the petition in the circuit court. The person who files the petition is called the “petitioner.” Some of the information that must be included in a divorce petition includes information confirming that at least one spouse meets the residency requirement and a statement indicating the marriage is “irretrievably broken.”

4. Serving the Papers on the Other Spouse

The next step after filing the petition is serving the divorce papers to the other party. This can be done in several ways, including by a process server, certified mail, or law enforcement.

5. Responding to the Petition

In Florida, the other spouse, also called the respondent, has 20 days from when they are served with the papers to respond. The answer includes what the respondent agrees and disagrees with. The respondent can also file, in addition to filing an answer, a counter-petition. A counter-petition raises additional issues. If the respondent files a counter-petition, the petitioner must file an answer.

6. Mandatory Disclosure

In Florida, spouses must automatically provide a set of financial disclosure documents to the other spouse shortly after a divorce is filed. This is known as mandatory disclosure.

7. Discovery

A more intensive list of documents, as long as the documents are related to the case, can be requested after the mandatory disclosure by either side. This process is called “discovery.”

8. Negotiating and Mediating

Spouses may try to negotiate and reach an agreement on divorce-related issues. Often, mediation will be required by the court. This process entails a meeting between the divorcing spouses, their lawyers, and a mediator. The role of the mediator is to facilitate communication between the divorcing spouses and help them reach an agreement.

9. Final Hearing or Trial

The final hearing should be short and stress-free if negotiations and mediation are successful. After the hearing is complete, the judge will enter a final judgment on the dissolution of the marriage. If mediation is unsuccessful, the case will go to trial, where a judge will hear from both sides and make a decision.

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1. How will we handle our finances after we get married?

One of the leading causes of divorce is money problems. Therefore, one of the most important topics to cover before marriage is the topic of finances. Before getting married, it is important for spouses to understand if they will join finances. If a couple plans on combining finances after marriage, it is crucial that they understand how they will do that. It is important that spouses discuss how household finances will be handled. Will one person take care of the bills, or will you do it together? Consider how savings, debts, and investments will be handled.

2. Do you want children?

Another crucial topic that partners need to address before they get married is the topic of children. If spouses cannot agree on whether or not they want children, it can cause problems in the marriage. Also, spouses who want children must be on the same page about how they want to go about it. When do you want to have children? Do you wish to adopt or have children naturally?

3. What is your parenting style?

If both individuals want children, the next important thing to discuss is how they will parent them. Couples should talk about how they will share parental responsibilities. Will one party need to stop working and stay home with the children? Will one party expect the other to do all the parenting?

If one party already has children and is bringing them into the marriage, discussing the new parent’s role in the children’s life is crucial.

4. How will we be resolving conflict?

One of the strategies that can help a marriage succeed is coming up with ways of resolving conflicts before they arise. Questions to ask that can help you create a way that you both agree can help with conflict resolution include;

• Do you get angry easily?
• How do you handle stress?
• Do you prefer to talk about an issue immediately or calm down first and revisit the issue later?
• Are you willing to seek outside or professional help?

5. What is your communication style?

Finally, before individuals marry, they must understand each other’s communication style. Yes, you need to communicate about communication. Does one party communicate better in writing? Does one party need time to think about things? Discussing communication styles is crucial, as effective communication is one of the backbones of a healthy, happy, and successful marriage.

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Source:

moneymanagement.org/budget-guides/combine-your-finances-after-marriage

#1: Contested Issues

Florida permits uncontested divorces. An uncontested divorce is when both spouses agree on all divorce-related issues, including property division, alimony, timesharing, and child support. However, sometimes, spouses cannot agree on some or all the issues. When spouses cannot agree on some or all the divorce-related issues, it can prolong the divorce process. If spouses cannot agree on issues such as alimony, property division, or timesharing, the court will require that evidence be presented at multiple hearings before making decisions. This can take time.

#2: The Court’s Calendar Is Busy

If spouses are unable to resolve all or some of their divorce-related issues outside of court, they may need to go to trial. If a divorce case proceeds to court, the court’s calendar can significantly impact how long it takes to resolve the case. A busy court calendar can be a major obstacle for spouses looking to get divorced quickly. It can be challenging to get a court date if the court’s calendar is busy. Also, filing motions and receiving rulings may take longer due to the busy court calendar.

#3: Discovery

Discovery is a common part of the Florida divorce process. It involves each side requesting, gathering, and producing divorce-related evidence and information. The discovery process can involve interrogations, requests for the production of documents, and depositions. This process can be time-consuming. The discovery process can also take long if one party is unwilling to comply.

#4: Assets That Are Difficult To Value

When spouses have complex assets that are difficult to value, the more time it can take to determine the value of the marital estate. Examples of complex divorce assets include investment accounts, pensions, royalties, intellectual property, family-held businesses, and stocks. Additionally, if there are disputes over what constitutes marital property or someone tries to hide property, the divorce process could take longer.

#5: Continuances

A continuance arises when a scheduled proceeding or hearing is delayed or postponed. One party or even the court can request a continuance. There are several reasons for requesting continuances. For example, a spouse may request a continuance if they need more time to prepare or gather evidence. Other common reasons for continuances include the illness of a spouse, a lawyer, or the judge; an attorney needing more information to represent you; multiple court listings for an attorney on the day of your hearing or proceeding, etc. Requesting a continuance adds extra time to the divorce process.

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Possible Advantages of Filing for Filing for Divorce First

As mentioned already, while there are no legal advantages to filing for divorce first, there may be some procedural or strategic advantages of taking the first step. The following are some of the possible advantages of being the one who initiates the divorce process;

1. You Start the Clock

Once you file the divorce petition, you start the clock. If you are ready to begin the divorce process, filing for divorce means you don’t have to wait for your spouse to be ready. After you file for divorce, the court will give dates and timelines which your spouse must abide by. If you file for divorce and your spouse fails to respond, the divorce case may proceed without your spouse present. If your spouse fails to respond within the designated time frame, the court could grant a default judgment, meaning the divorce could be granted without your spouse’s input.

2. You Choose Where to File for Divorce

One of the biggest advantages of filing for divorce first is getting to choose the jurisdiction. However, in the U.S., you must meet residency requirements before you can file for divorce in a specific state. In Florida, the residency requirement for divorce is six months. This is outlined under Florida Statute 61.021. One of the main reasons residency requirements exist is to prevent people from trying to file for divorce in a state where the laws are more favorable to their situation.

3. More Time To Prepare

Spouses who are served with divorce papers are often caught off-guard. By initiating the divorce process, you can ensure you have enough time to gather the necessary documents, prepare your case, and contact a divorce attorney.

4. The First Chance To Ask for Temporary Orders

When you initiate the divorce process, you can be the first to ask the court for temporary orders before informing your spouse of the initial divorce filing. Examples of temporary orders include orders awarding temporary alimony or child support, limiting what spouses can do with marital assets, and protecting one spouse from the other.

Possible Disadvantages of Filing for Divorce First

The following are some of the possible disadvantages of filing for divorce first;

• You have to pay filing fees
• Increased pressure and stress
• You may be considered aggressive
• Potential for hostility from your spouse

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Stay Calm and Communicate With Your Spouse

The shock of the news that your spouse wants a divorce can throw you off balance. However, you should not overreact. It is important to remain calm and prepare for a meaningful conversation with your spouse. Communication is key to understanding how you got there and what to do next. By staying calm and communicating with your spouse, you can prevent hostility.

Ask for Some Time

While your spouse has had time to think about your divorce, you most likely have not had time to think about it. After your spouse asks for a divorce, it is important that you ask them for some time. You need time to process your feelings and reactions. Taking some time can allow you to gain clarity and perspective. A clear mind can allow you to understand the situation better and make rational decisions. You also need time to prepare legally and financially.

Seek Support

After your spouse asks for a divorce, it is crucial that you seek support. You don’t have to go through this alone. However, you need to be careful when it comes to seeking support. For example, you should not be too quick to share your feelings on social media. Posting your feelings on social media can work against you in your divorce case. Social media posts can be used as evidence against you in your divorce case. It is best to seek support from close friends and family members. You can also consider speaking to a therapist or joining a support group.

Gather Information

Remember, in Florida, you cannot stop your spouse from getting a divorce. If your spouse files the divorce papers and you refuse to respond to the petition for dissolution of marriage within the set limit, which is 20 days from the day you are served with the divorce papers, the divorce will proceed without you. The court may grant a default divorce. If your spouse is determined to get a divorce, it is best that you are involved in the divorce process. You should use the time you asked for to collect information and learn about the divorce process. Take time to learn about your options and your rights.

Consult a Divorce Attorney

A qualified divorce attorney can advise you on what information to gather. They can help you understand the divorce process and your legal rights. A qualified divorce lawyer can guide you through every step of the divorce process.

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1. Maintain Open Communication

One of the most vital things you can do as a parent going through a divorce is to maintain open communication with your child. Constantly remind your child that they can talk to you about anything. Ensure your child knows they can speak to you about their feelings and concerns and ask you any questions they may have, and they can do so without fear of being judged or criticized.

2. Remind Your Child That They Are Not To Blame

Sometimes, children blame themselves for their parents’ divorce. You need to constantly remind your child that they are not to blame for your divorce. Explain to your child that there is nothing that they did that caused you and your spouse to break up. Sometimes, children believe they could have done something to prevent the divorce. Your child needs to know that there was nothing that they could have done to prevent the breakup from happening.

3. Don’t Let Out Your Emotions on Your Child

During divorce, you are bound to experience a lot of emotions. You May feel angry, disappointed, and many other negative emotions. You need to be careful about how you communicate with your child. Control what you say to your child and how you say it.

4. Maintain a Routine

It is essential that during divorce, you keep routines as normal as possible. Try to keep schedules such as bedtimes and meal times as regular as possible. Your child will feel safe and more confident if they have structure and stability, or in other words, if they know what to expect.

5. Avoid Involving Your Child in Your Disagreements

Disagreements are bound to arise between you and the other parent during divorce. As mentioned already, divorce can be difficult. However, you need to avoid arguing in front of your child or involving them in your arguments. Arguing in front of your child or involving them in your disagreements can create anxiety and emotional distress in your child.

6. Reassure Your Child That They Will Not Lose the Other Parent

Your child may be scared that divorce means they will lose the other parent. Emphasize that they will not lose their other parent, and you and the other parent will continue loving them. Have a conversation with your child and reassure them that, although they will no longer be living with both parents, each parent will spend quality time with them.

7. Seek Professional Help

If the divorce process gets overwhelming or you feel unsure about how to support your child, do not hesitate to seek professional help. For example, you can seek the assistance of a therapist or counselor.

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Situation #1: When There Is a History of Domestic Violence

Domestic violence is a pattern of abusive behavior, either physical, sexual, emotional, psychological, or technological, used by one partner to maintain control and power over the other. Any behavior used by one partner to scare, manipulate, intimidate, humiliate, or isolate the other is domestic violence. Divorce mediation is rarely recommended in cases where there is a history of domestic violence because of the significant power imbalance. Because of the significant power imbalance and the threat of danger, mediation may not provide a safe and equal platform for negotiation. In such cases, seeking independent legal counsel and the help of other professionals, such as trained counselors, may be appropriate.

Situation #2: When The Level of Conflict Is Extremely High

While divorce mediation is intended to help conflicting couples reach an amicable solution, it may not work in a situation where the level of conflict is extremely high. If you and your spouse cannot communicate in good faith and set your differences aside long enough to get through the mediation process, then mediation may not work. In cases where the level of conflict is extremely high, the emotional intensity may hinder productive discussions, making it hard to reach agreements.

Situation #3: When There Is Severe Mental Illness

Individuals with mental illnesses can participate in divorce mediation. However, because of the critical decisions made during mediation, it may not be a good idea for a person with a severe mental illness to go into divorce mediation. A person with a severe mental illness may not be in a state of mind that they could make crucial decisions during the mediation process.

On the other hand, if a spouse has an illness that is under control through medication, they could try mediation. However, this is case-specific. It is crucial to disclose any history of mental illness to a mediator before beginning the mediation process.

Situation #4: When There Is Unwillingness To Cooperate

For divorce mediation to work, both parties must be willing to participate honestly. If one party is not willing to cooperate, mediation cannot work. For example, if one party is unwilling to disclose assets or debts, the mediation process cannot work.

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While it can be hard to focus on yourself while going through a divorce, you need to keep in mind that taking care of yourself can help you deal with the challenges you will face during the divorce process. Additionally, if you are a parent, practicing self-care during your divorce can ensure you can care for your children.

So, how can you take care of yourself during a divorce? The following are some of the different ways you can take care of yourself during a divorce;

#1: Make Time for Things You Love

The divorce process takes up much of an individual’s time, which is understandable. However, it is important that you schedule some time when you do not think about the divorce. Make time for the things you love, and you will find that during this time, you are not thinking about the divorce process and, thus, not feeling stressed or overwhelmed. If you enjoy hiking, set aside some time to go hiking. If you enjoy watching movies, set aside some time to watch some movies. Whatever you choose to do, the only condition is that this time must be 100 percent about you.

#2: Spend Time With Family and Friends

Spending time with the people you love during divorce can help reduce stress. When you get social support from loved ones, the love and bonding neurochemical called oxytocin is released. Research suggests that being around a loved one reduces the release of stress hormones like cortisol. Dedicating even just an hour to spend time with a friend or family member can improve your day and mental health.

#3: Ask for Help

Do not be afraid to ask for help during a divorce. Do not shy away from seeking mental health support and help with chores and obligations. You can ask your loved ones for help or seek professional help. For example, a therapist can offer you mental health support. You can also consider joining a support group.

#4: Journal

Research has found that writing down your feelings can have several benefits, including the following;

• Reducing anxiety
• Reducing depression
• Reducing the impact of a stressful event, such as divorce
• Bettering your mood

#5: Let Your Attorney Do the Work

Finally, one of the best ways to take care of yourself during a divorce is to let your lawyer do the work. It is advisable that you avoid representing yourself even if you have the legal right to do so. Divorce proceedings can be complex. You can save yourself a lot of frustration if you let a lawyer handle your divorce case for you.

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If you are going through a Florida divorce, contact our skilled and dedicated Orlando divorce lawyers at The Arwani Law Firm to get legal help.

Source:

pubmed.ncbi.nlm.nih.gov/21895364/

Factors That Can Impact the Cost of Your Divorce

As mentioned already, how much your Florida divorce costs can vary based on several factors. The following are some of the factors that can impact the cost of your Florida divorce;

• Whether you and your spouse can agree on the issues in your divorce: You can save a lot of money if you and your spouse agree on divorce-related issues. When you and your spouse agree on divorce-related issues, it means less work for your attorney, which, in turn, means less money out of your pocket. On the other hand, if you and your spouse cannot compromise and reach an agreement, you will likely have to pay more to have your attorney and other professionals, such as mediators, therapists, and financial experts, help you resolve your issues.
• The kind of lawyer you have on your side: While retaining a lawyer costs money, the right attorney can help you cut costs in many ways. For instance, an experienced attorney can explain your options to you so you are empowered to choose the most cost-effective option. A good lawyer can also ensure you don’t make mistakes that could cost you.
• Whether you have complex assets: If you have complex assets, divorce costs may increase. This is because the more complicated your assets, the more complicated it can be to divide them. In many cases, the parties must involve the court, which can increase the cost of divorce.

Ways You Can Pay for Divorce

Now that you know some of the factors that can impact the cost of your divorce, you may be wondering how you can pay for your divorce. Below are some of the ways you can pay for your divorce;

• Use joint money: If you have a joint marital bank account, you can use the money to pay for divorce.
• Use personal savings: If you have a savings account, you can use the money to pay for divorce.
• Use a credit card: Using a credit card to pay for divorce is another possibility. However, you need to be mindful when using a credit card.
• Take out a loan: Some people take out personal loans to pay for divorce. Again, like with a credit card, be mindful when taking out a loan.

Contact an Orlando Divorce Lawyer

If you are facing a Florida divorce, it is vital that you start financially preparing yourself and discuss your case with an attorney. Contact a skilled Orlando divorce lawyer at The Arwani Law Firm to schedule a consultation.