Filing for Divorce: How to Prepare Yourself
Your marriage is not working. You’re sure you want a divorce. However, before you officially file for divorce by filing a document called a Petition for Dissolution of Marriage, you should be aware that there are steps you should take that will protect you, your assets, and parenting rights.
By knowing all the steps involved in the divorce process, you are less likely to be caught by surprise and experience the drama and frustration that comes with being unprepared. And if kids are involved, being prepared will make the whole process more comfortable and more peaceful for them. Here is what you should do before the proceedings begin:
Understand the Divorce Process in Its Entirety
There are different divorce options, and the one you choose will depend on factors like minor children, joint debts, and property. If you and your spouse don’t share any of these, then you’re looking at a reasonably quick and inexpensive divorce process.
After you’ve filed a Petition for Dissolution of Marriage, the court will serve your spouse with the paperwork. If your spouse agrees on how to divide property and debt and share responsibilities for any children, the divorce can proceed and be finalized without a trial. However, if there is no agreement or the spouse denies that the marriage is broken beyond repair, you may be ordered by the court to attend marriage counseling for up to three months.
Have a Solid Exit Plan
Think about your finances, career, children, and future goals. You can’t fully expect to survive on alimony and child support to cover your finances as your spouse may fight to keep as much money as possible. Before you file for divorce, know how you will make ends meet. Create new goals for the future. In the weeks or months leading up to your divorce, you may start putting money aside and save it in a separate bank account.
Prepare for Custody Disputes
In a perfect world, parents would divorce amicably and share parental responsibilities equally. Unfortunately, this is not always the case, and ex-spouses will dispute over time-sharing and child support. Leading up to filing for divorce, keep a diary on your children’s appointments and extracurricular activities. Keep a record of expenses relating to their school, activities, and so on. In cases where child safety is an issue, make copies of any police reports or evaluations that demonstrate why you should have custody of the kids and not your spouse.
Be Ready for How Long It May Take
How long a divorce takes in Florida depends on whether it is contested or uncontested. Uncontested divorces, where both parties agree on everything from child support to division of debts and property, can take as little as four to five weeks depending on the jurisdiction ad the judge assigned. A contested divorce, however, can take far longer, with some taking six months to a year or longer.
Get Organized and Prepare Your Documents
To divide your assets and debts, the court will need to see copies of your bank statements, mortgage documents, tax returns, and all documents related to income. You will also need to prepare documents related to life insurance, marital debts, and titles to assets like real estate or vehicles.
Seek Legal Advice
Be sure to consult with a lawyer during the preparation stage. A family law attorney can help you review your options and give you a rough estimate of the costs of divorce. Your divorce lawyer will not only give you expert advice; they will make the process less stressful and ensure there are no delays, so you can get divorced as quickly and painlessly as possible. Most importantly, they will guide you so you don’t make mistakes that may cause financial harm or unfair sharing of your kids and assets.
Debora A. Diaz is your Pinellas, Pasco, and Hernando County Divorce Lawyer who has been practicing in all areas of family and marital law since 1995: divorce, domestic violence, child support, temporary custody, paternity, time-sharing, relocation, and dependency.
Family Law Attorney Debora A. Diaz offers a consultation at a reduced rate to discuss the facts of a particular situation and to inform the client of the applicable laws. Be informed.
If you have questions about divorce, child support, shared parental responsibility, time-sharing/parenting time, and parenting plans, contact Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/.
At this time, all consultations are by telephone or video conferencing in order to protect our staff and clients.
Attorney Diaz practices exclusively in divorce and family law in Florida. Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator.