We all know that divorce is a complicated, emotional and stressful process. Even the most amicable of divorces can still be a difficult matter. Before you file for a divorce in the state of Florida, there are a few things you are going to need to do to get prepared. These steps will help lessen the trauma for all parties involved, and ensure that everyone is treated fairly.
The State of Florida requires all parents with children to undergo special stabilization courses. These courses are designed to help the parents find a way to make the process less traumatic for the children involved.
Some of these courses are available online, but in most cases, you will need to attend an actual class before you can proceed. These classes will also help parents put their children’s needs first, and help both parties decide what type of custody arrangements are going to be best for everyone involved.
Your attorney can assist you in setting up attendance in these courses and provide you with guidance on how to arrange custody that suits the best interests of the children involved.
The State of Florida practices what is called equitable distribution of property in divorce cases. Unlike other states that simply divide assets down the middle, the state will determine what is fair and balanced when it comes to the division of property.
It is vital to have an attorney who is well qualified to assist you in this process. While it would be ideal if all parties are treated fairly, in many divorce cases, this just doesn’t happen. It is helpful to make a list of all of your current assets, both joint and single, to determine just what is going to be on the table. A divorce arbitrator can be helpful in this situation, particularly if it is an amicable divorce. However, if it is a contested divorce, or both parties cannot come to an agreement on equitable property distribution, this is a where an attorney is a vital part of the process.
Divorce can easily cause havoc in both party’s financial lives. In order to minimize the impact, it is best to begin splitting up your finances as soon as you can in the process. Determine who owns what in your shared accounts and withdraw the agreed upon amount and place it in new accounts that the other party cannot access. We all like to think that we know our partners and that they wouldn’t be tempted to drain a joint account, but it happens all too often.
Shared utility bills will also need to be split. If you have your partner as a beneficiary on a life policy, now is also a good time to start the process to change the beneficiaries.
This is not an easy process, and it can be emotional. However, if both parties can realize it is for the greater good in the end, typically, it can be easier to get your financial affairs in order.
Finding the Right Divorce Attorney
You will need to have proper representation during your divorce proceedings. Many people make the mistake of thinking that in a relationship where there are no children that they don’t need an attorney, but end up finding out too late they should have had representation.
Look for a divorce attorney with a proven track record in handling many different types of family law cases. If you are a man, look for an attorney that specializes in the rights of the man during the divorce process. All too often, these cases are skewed in favor of the woman, particularly when custody battles are raging. You will need to find someone who can defend you and what is best for your children.
Florida law states that divorces will only be granted if the marriage is proven to be “irretrievably” broken or if one of the parties is diagnosed as mentally incapacitated. Unlike a “no-fault” state where reasons for the divorce do not have to be given, you will need to prove to the court that your marriage is over and there is no hope for reconciliation.
Your attorney will be able to present your case to the State to show that the marriage cannot be repaired and begin the process of equitable distribution, while making sure your best interests are being served.
About the author:
James M. Burns of the Law Office of James M. Burns has served clients in Florida and Alabama for nearly two decades and brings a wealth of experience and legal savvy to your side when you need a staunch supporter and smart legal representation.