Deciding whether to get a divorce is rarely a simple decision.
There may be children involved. Maybe a house, retirement accounts, debt, or a business. There may also be years of shared finances and family decisions that cannot be untangled overnight.
The legal question is somewhat simpler.
If you decide to end your marriage, what would the process actually involve?
For people in Coral Springs and Broward County, Florida law provides the framework. But the practical consequences depend on the circumstances of each family.
Before filing, it can help to look at a few basic questions.
Does Florida Allow Me to File for Divorce?
Florida calls divorce a dissolution of marriage.
To file for dissolution in Florida, at least one spouse must have lived in Florida for at least six months before filing. Florida law generally allows a dissolution when the marriage is irretrievably broken.
That means you generally do not have to prove that your spouse cheated, abandoned you, or otherwise caused the marriage to fail.
You do, however, have to meet the legal requirements for filing.
The six month residency requirement is one of them.
What Should I Think About Before Filing?
You do not need to have your entire post divorce life planned before speaking with an attorney.
It is still useful to understand what could change.
Ask yourself:
- Where will each spouse live?
- What happens to the marital home?
- How will the children spend time with each parent?
- What happens to bank and investment accounts?
- How will marital debts be divided?
- Could alimony be an issue?
- How will child support be calculated?
- Are there retirement accounts or business interests?
- Can you and your spouse realistically negotiate an agreement?
- Are there safety, financial control, or other circumstances that make direct negotiations difficult?
These questions can expose issues that are easy to overlook.
Divorce has a peculiar talent for turning ordinary household questions into legal questions. “Who keeps the house?” can become a discussion about valuation, equity, mortgage obligations, taxes, and equitable distribution.
The couch is usually easier.
What Happens to Property and Debt?
Florida uses equitable distribution when dividing marital assets and liabilities.
That does not simply mean dividing everything down the middle.
Florida law begins with the premise that marital assets and liabilities should be distributed equally. But the court can order an unequal distribution when the circumstances justify it. The statute lists factors including each spouse’s contributions, economic circumstances, the length of the marriage, career interruptions, business interests, the marital home, and certain forms of dissipation or depletion of marital assets.
That distinction can matter considerably.
A couple may believe they have a simple 50/50 division. Then someone asks what the house was worth when the case began. Or how a retirement account should be divided. Or whether a business interest is marital. Suddenly the arithmetic has become considerably less friendly.
A Broward County Example
In Kranci v. Kranci, the Fourth District Court of Appeal reviewed a dissolution case from Broward County involving the value of the marital home, equitable distribution, attorney’s fees, and alimony.
The wife had challenged the valuation used for the marital home. The appellate court reversed portions of the judgment and sent the case back for further proceedings concerning equitable distribution, attorney’s fees, and alimony.
The case illustrates why financial assumptions made during a divorce can have lasting consequences.
A house is not simply “the house.”
Its value, mortgage, ownership, timing, and treatment within the overall distribution can all matter.
What If We Have Children?
Divorce does not end either parent’s responsibilities to the children.
Florida uses parental responsibility, parenting plans, and time sharing to address these issues. A parenting plan can establish how parents share decision making, where children spend their time, transportation arrangements, school matters, health care, communication, holidays, and other practical details.
The questions can be very specific:
- Who handles school pickups?
- Where does the child spend holidays?
- How are medical decisions made?
- When are extracurricular activities handled?
- Who provides transportation?
- How do parents communicate with the child when the child is with the other parent?
If the parents agree, they can propose a parenting plan.
If they do not, the court may have to establish one.
For parents considering divorce, this is often one of the areas worth thinking through before filing. A schedule that looks fine on paper may be difficult to live with once school, work, transportation, and holidays enter the picture.
Could Alimony Be Part of the Case?
Alimony can be another major issue.
Whether alimony is appropriate depends on the circumstances of the spouses and Florida’s statutory requirements. Factors can include the requesting spouse’s need, the other spouse’s ability to pay, the length of the marriage, and other circumstances recognized by law.
A recent Broward County case illustrates how fact specific this can become.
In Loconto v. Loconto, the Fourth District considered a 50 year marriage. The trial court had awarded only limited alimony, and the appellate court reversed that portion of the judgment after concluding that the former wife had demonstrated additional need and that the former husband had the ability to pay under the applicable statute.
That does not mean that a long marriage automatically produces a particular alimony result.
It shows something more useful: the financial circumstances of the spouses matter, and the details of a case can change the analysis.
Do I Need a Divorce Attorney?
Not necessarily.
Florida provides procedures and forms for people who represent themselves. It also has a simplified dissolution procedure for couples who meet specific requirements.
A simplified dissolution is limited, however. Among other requirements, the spouses must agree that the marriage cannot be saved, have no qualifying minor or dependent children together, agree on their assets and liabilities, not seek alimony, sign the petition, and meet other procedural requirements.
If those requirements are not met, the couple must use the regular dissolution process.
The important distinction is between filing paperwork and understanding what the paperwork means.
A relatively simple uncontested divorce may not require the same level of legal involvement as a case involving a business, substantial assets, contested parenting issues, retirement accounts, significant debt, or alimony.
What About Mediation?
Mediation can be another way to resolve disagreements.
A mediator is neutral. This figure does not represent either spouse.
The goal is to help the parties reach an agreement rather than having a judge decide every disputed issue.
Mediation can work well when both spouses are willing to negotiate in good faith and have enough information to understand the issues.
It is not a substitute for understanding the agreement.
If a proposed settlement divides a house, retirement account, business interest, debt, or future support obligations, those terms deserve careful attention before anyone signs.
What Should I Know About a Marital Settlement Agreement?
A Marital Settlement Agreement, or MSA, is the written agreement that can resolve some or all of the issues in a divorce.
There is no universal five item checklist that fits every marriage.
Depending on the circumstances, an MSA may address:
- Property and debt.
- The marital home.
- Retirement accounts.
- Business interests.
- Alimony.
- Child support.
- Parenting responsibility.
- Time sharing.
- Insurance.
- Other financial obligations.
Once an agreement is incorporated into a final judgment, changing it may not be as simple as changing your mind.
That is why the agreement deserves attention before it is signed.
What Should I Do Before Filing?
You do not need to secretly prepare for war.
But you do need to understand your financial and family situation.
Gathering basic information can help:
- Recent bank and investment statements.
- Mortgage information.
- Tax returns.
- Retirement account statements.
- Insurance information.
- Business records, if applicable.
- Major household debts.
- Information about the marital home and other real estate.
- Records concerning the children’s expenses.
This is especially important if you do not have a clear picture of the family’s finances.
Understanding the finances is not the same thing as hiding assets or moving money around. It is preparation for an accurate discussion of what exists and what may need to be divided.
If there are concerns about domestic violence, threats, coercive financial control, or immediate safety, the situation may require a different approach.
What If I Am Still Unsure?
You do not have to decide whether divorce is personally right for you based on a legal checklist.
That is a personal decision.
A lawyer can, however, help answer a different question:
What would divorce mean in my particular circumstances?
As Alan J. Reinfeld explains:
“Before deciding whether to file, it is important to understand what the divorce would actually involve. The legal issues can be very different from one family to another, particularly when children, significant assets, or financial support are involved.”
That information can be useful even if you ultimately decide not to file.
Stuart G. Reinfeld similarly emphasizes the importance of looking at the practical consequences before an agreement is reached:
“People sometimes focus on getting the divorce finished before they have considered how the agreement will work six months or a year later. A settlement needs to make sense in real life, not only on the day it is signed.”
Questions to Ask Before Filing for Divorce
Before taking the next step, consider whether you understand:
- Whether you meet Florida’s residency requirement.
- You have children whose schedules and expenses will need to be addressed.
- What property and debts may be marital.
- Can alimony could be an issue.
- Could you and your spouse can negotiate.
- Maybe mediation might help.
- Perhaps your situation is simple enough for self representation.
- Whether there are financial or safety concerns that require legal advice.
You do not need to answer every question yourself.
Sometimes the most useful first step is simply finding out which questions actually apply to your situation.
Divorce in Coral Springs and Broward County
For couples in Coral Springs and throughout Broward County, Florida’s divorce laws provide the legal framework. The facts of the individual marriage determine how those laws apply.
Some divorces can be resolved through an agreement.
Others involve disputes over property, finances, children, or support that require substantially more work.
The important thing is to understand the difference before making decisions that may be difficult to undo.
If you are considering divorce in Coral Springs or elsewhere in Broward County, a Florida family law attorney can review your circumstances and explain the legal issues that may need to be addressed before you decide how to proceed.
Frequently Asked Questions
Do I have to prove that my spouse did something wrong to get a divorce in Florida?
- Generally, no. Florida law provides for dissolution when the marriage is irretrievably broken, subject to the statutory requirements.
How long do I have to live in Florida before filing?
- At least one spouse must have resided in Florida for at least six months before filing.
Can I get divorced without an attorney?
- Florida provides procedures for people who represent themselves. Whether that makes sense depends on the complexity of the case.
Could we get divorced without going to trial?
- Yes. If spouses reach an agreement and satisfy the applicable requirements, a divorce may proceed without requiring a judge to decide every disputed issue.
Is everything divided 50/50?
- Not necessarily. Florida begins with equal distribution of marital assets and liabilities but permits an unequal distribution when justified by the statutory factors.
What happens to our children?
- The divorce process addresses parental responsibility, time sharing, and other issues through a parenting plan. The court considers the child’s best interests when these issues are disputed.
Is mediation the same as having a lawyer?
- No. A mediator is neutral. An attorney represents one spouse and provides that spouse with legal advice.
What if I am not sure I want a divorce?
- You can seek legal information without immediately filing. Understanding the financial and legal consequences may help you make a more informed personal decision.
Contact My Personal Attorneys to discuss your circumstances with a Florida family law attorney.