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  • September 19th, 2023

What steps should I take prior to divorce?

When making the decision to initiate divorce proceedings, you should consider several different important factors. First, you should determine whether or not you qualify for divorce before broaching the subject with your spouse. You must maintain residency in Florida for a minimum of six months prior to filing for divorce. There are special rules for spouses enlisted in the military. Second, if children are involved it is important to determine whether Florida is considered the home state pursuant to the Uniform Child Custody Enforcement Act. legal prerequisites for the divorce process. To file for dissolution, either you or your spouse must have maintained residency in Florida for a minimum of six months, or one of you must be stationed in the state as a member of the armed forces. Once this residency requirement is fulfilled, either party must believe that the marriage is irreparably damaged. Florida operates as a no-fault state, meaning you are not obligated to provide proof of marital misconduct, such as adultery or abuse, to validate the divorce. Secondly, you should be mindful of the financial aspects that will arise. Upon the dissolution of the marriage, the assets and debts accrued by both you and your spouse will be equitably distributed between the two parties. This entails a fair allocation of any financial resources that were accumulated during the marriage. If you and your spouse reach an agreement on the division of these assets and liabilities, you may be eligible for an uncontested divorce. In cases where no consensus is reached, a judge will make the final determination regarding the distribution. Thirdly, the safety and well-being of both yourself and your children should be a top priority. The divorce process can be emotionally challenging, potentially leading to anger or conflict. If you have concerns about your spouse’s reaction to the divorce, it’s essential to take proactive measures to protect yourself and your children. Self-care should not be overlooked during this demanding period.

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