What to Consider When Considering Divorce in Florida

Considering divorce can raise questions about finances, children, housing, legal rights, cost, timing, and what life may look like after the marriage ends.

Before filing, it is useful to understand what issues the divorce may need to resolve. This does not mean hiding assets, involving the children in adult conflict, or taking immediate action against your spouse. It means collecting accurate information, identifying priorities, and obtaining advice before making decisions with long-term consequences.

In this installment of the Curry Law Group Divorce Series, attorney Louis Lazaro discusses several initial considerations for people thinking about divorce, including marital property, debts, children, Florida's no-fault divorce standard, and the potential cost and duration of a case.

Because this video was originally published on January 16, 2019, the article below provides updated context. Fees, retainers, court costs, procedures, and estimated timelines discussed in an older video should not be treated as current quotes or guarantees.

Watch: What to Consider When Considering Divorce

What Should You Consider First?

Begin by identifying the major issues that may need to be resolved.

Depending on the marriage, these may include:

• Marital assets and liabilities
• The marital home
• Bank and investment accounts
• Retirement benefits
• Business interests
• Parenting plans and time-sharing
• Child support
• Alimony
• Health insurance
• Temporary financial arrangements
• Attorney's fees
• Tax considerations
• Domestic violence or safety concerns

Not every divorce includes every issue. A short marriage without children or substantial property may be very different from a long marriage involving children, real estate, retirement assets, a business, disputed income, or support claims.

Identify Your Assets and Debts

One of the first practical steps is to determine what the spouses own and owe.

Potential assets may include:

• Real estate
• Checking and savings accounts
• Investment accounts
• Retirement plans and pensions
• Vehicles
• Business interests
• Stock options
• Deferred compensation
• Cryptocurrency
• Valuable personal property
• Insurance cash values
• Tax refunds
• Legal claims

Potential liabilities may include:

• Mortgages
• Credit cards
• Vehicle loans
• Personal loans
• Business debts
• Tax liabilities
• Medical bills
• Lines of credit
• Other financial obligations

Do not assume that an asset or debt belongs only to the person whose name appears on the account or title.

Florida uses equitable distribution. The court generally identifies marital and nonmarital property, sets aside each spouse's nonmarital assets and liabilities, and begins with the premise that marital property and debt should be divided equally unless legally relevant factors justify a different result.

Gather Financial Records

Useful records may include:

• Recent federal income-tax returns
• Pay statements
• Bank statements
• Credit-card statements
• Mortgage records
• Vehicle loan statements
• Retirement account statements
• Brokerage statements
• Business tax returns
• Profit-and-loss statements
• Insurance policies
• Property deeds
• Vehicle titles
• Loan applications
• Trust or inheritance records
• Household bills
• Childcare and medical expenses

Preserve complete copies when possible.

Do not destroy records, alter files, hide money, create false debts, transfer assets to another person, or access an account without authorization.

Understand Marital and Nonmarital Property

Property acquired during the marriage is often marital, even when it is titled in only one spouse's name.

Potentially nonmarital property may include:

• Property acquired before marriage
• Certain inheritances
• Certain gifts from third parties
• Property excluded by a valid marital agreement
• Assets acquired in exchange for nonmarital property
• Certain income from nonmarital assets

Classification can become complicated when property is mixed, retitled, improved, or paid for with marital funds.

Examples include:

• Depositing inherited funds into a joint account
• Adding a spouse to the title of premarital real estate
• Paying a premarital mortgage with marital income
• Using marital labor or funds to increase the value of a business
• Combining separate investments with marital savings

Preserve records showing when the property was acquired, where the funds came from, and how it was used.

Consider the Children Without Putting Them in the Middle

Children should not be treated as negotiators, messengers, witnesses, or sources of information about the other parent.

Parents should avoid:

• Asking children to choose sides
• Discussing financial disputes with them
• Sharing allegations about the other parent
• Asking them to monitor the other household
• Using them to deliver messages
• Posting private details about them online
• Making promises about the parenting outcome
• Blaming the other parent for the divorce

Children may eventually need an age-appropriate explanation of the family's changing circumstances, particularly when a parent will move or the household schedule will change.

Whenever reasonably possible, parents should present a consistent message that:

• The divorce is an adult decision.
• The children did not cause it.
• Both parents love them.
• They will continue to be cared for.
• They do not need to choose between parents.
• It is acceptable to have questions and emotions.

A qualified child or family therapist may help parents develop an age-appropriate communication plan, especially when the children have special needs, significant anxiety, or prior behavioral or emotional concerns.

Begin Thinking About a Parenting Plan

Florida generally uses the terms parenting plan, parental responsibility, and time-sharing.

A parenting plan may address:

• Regular weekday and weekend schedules
• Holidays
• School breaks
• Summer vacations
• Transportation and exchanges
• Education decisions
• Health-care decisions
• Extracurricular activities
• Communication with the children
• Communication between parents
• Travel
• Childcare
• Methods for resolving future disagreements

The plan should reflect the children's needs and the parents' actual schedules.

Do not propose a schedule merely to reduce child support, inconvenience the other parent, or gain leverage in a property dispute.

Review Housing Before Someone Moves

Before leaving the marital home, consider:

• Safety
• The children's routines
• Mortgage or rent obligations
• Utilities
• Access to personal property
• Access to financial records
• Transportation and school logistics
• Temporary time-sharing
• Alternative housing costs
• Whether an agreement can be documented
• Whether temporary court relief may be necessary

Moving out does not automatically waive ownership rights. It may, however, affect practical arrangements while the case is pending.

Do not change locks, remove the other spouse's property, disconnect utilities, or attempt to force the other spouse out without an agreement, court order, protective injunction, or other legal authority.

Is Florida a No-Fault Divorce State?

Florida permits dissolution when the marriage is irretrievably broken.

A spouse generally does not need to prove adultery, abandonment, cruelty, or another form of marital wrongdoing merely to end the marriage.

Conduct may still be relevant when it affects a specific legal issue, such as:

• Dissipation of marital property
• Domestic violence
• Child safety
• Parenting conduct
• Financial disclosure
• Credibility
• Violations of court orders
• The economic impact of adultery

The issue is not simply whether one spouse behaved badly. The court considers whether the conduct is legally relevant to a matter it must decide.

Can a Spouse Stop the Divorce?

A spouse cannot ordinarily prevent the divorce indefinitely merely by refusing to consent or sign an agreement.

When the court finds that the marriage is irretrievably broken, it may enter a judgment dissolving the marriage.

When there is a minor child or the responding spouse denies that the marriage is irretrievably broken, Florida law permits the court to take certain actions, including ordering consultation or continuing the proceedings for a reasonable period not exceeding three months to allow the parties to attempt reconciliation. These options do not guarantee that the divorce will be stopped.

Should You Attempt Reconciliation?

That is a personal decision, not a requirement in every case.

Before attempting reconciliation, consider:

• Whether both spouses genuinely want to participate
• Whether the environment is emotionally and physically safe
• Whether domestic violence or coercive control is present
• Whether counseling is appropriate
• Whether finances or children are at immediate risk
• Whether temporary agreements are necessary
• Whether delaying action could affect jurisdiction or asset preservation

Marriage counseling is not a substitute for safety planning when violence, threats, or intimidation exist.

A person may obtain legal advice without committing to filing immediately.

Do You Meet Florida's Residency Requirement?

At least one spouse generally must have lived in Florida for six months before the divorce petition is filed.

Residency does not automatically determine:

• The proper county for filing
• Whether Florida has jurisdiction over both spouses
• Whether Florida can decide parenting issues
• Whether property in another state can be addressed
• Whether a prior case affects jurisdiction

Interstate and international circumstances may require additional analysis.

How Does a Florida Divorce Begin?

A dissolution proceeding generally begins when one spouse files a petition in circuit court. The petition and a summons are then served on the other spouse according to applicable procedures.

The correct petition depends on factors such as:

• Whether the spouses have minor or dependent children
• Whether property or debt must be divided
• Whether support is requested
• Whether every issue has already been resolved
• Whether the case qualifies for simplified dissolution

Florida Courts provides multiple dissolution forms rather than one universal petition.

What Financial Disclosure May Be Required?

Florida family cases commonly require financial affidavits and supporting financial records unless a recognized exception applies.

Current Florida Courts forms distinguish between short-form and long-form financial affidavits based on individual gross annual income. Current forms should always be checked because thresholds, instructions, and filing requirements may change.

Financial disclosure may include information about:

• Income
• Payroll deductions
• Expenses
• Assets
• Debts
• Retirement benefits
• Business interests
• Contingent assets
• Contingent liabilities

Accuracy matters. Omitting an account, hiding income, or inflating expenses may damage credibility and lead to additional court proceedings.

What Is the Difference Between Contested and Uncontested Divorce?

An uncontested divorce generally means the spouses have resolved the necessary issues and can submit an agreement to the court.

A contested divorce means one or more issues remain unresolved, such as:

• Property division
• Debt allocation
• Alimony
• Child support
• Parenting arrangements
• Business valuation
• The marital home
• Attorney's fees
• Financial disclosure

A case may begin as contested and later settle. It may also be partially resolved, leaving only a limited number of issues for the judge.

"Uncontested" does not mean that no legal paperwork, disclosure, filing, or court approval is required.

How Much Does Divorce Cost?

There is no reliable universal price for a Florida divorce.

The 2019 video contains historical examples of retainers and expenses. Those amounts should not be presented as current Curry Law Group pricing, a fixed quote, or an estimate for a particular case.

Current cost may depend on:

• Whether the case is contested
• The number of unresolved issues
• Attorney billing structure
• Filing and service costs
• Discovery
• Depositions
• Mediation
• Hearings
• Trial preparation
• Financial experts
• Business valuations
• Parenting professionals
• Appraisals
• Electronic evidence
• The parties' cooperation
• Whether settlement is reached

A retainer is generally an advance against future legal fees and costs, not necessarily the total price of representation.

Before retaining an attorney, ask for a written fee agreement and clarification of:

• The initial retainer
• Hourly rates
• Billing increments
• Costs charged separately
• Replenishment requirements
• Expert fees
• Mediation charges
• Refund treatment
• Communication billing
• Payment expectations

Do not rely on a video recorded in 2019 for current fee information.

How Long Does a Divorce Take?

There is no standard completion date for every case.

Florida law generally prevents entry of a final dissolution judgment until at least 20 days after the original petition is filed, unless the court finds that the delay would cause injustice. This is a statutory minimum, not a promise that a case will finish in 20 days.

Actual duration may depend on:

• Service of process
• Response deadlines
• Financial disclosure
• Parenting requirements
• Mediation
• Discovery
• Property valuation
• Expert availability
• Court calendars
• Settlement negotiations
• Temporary hearings
• Trial scheduling
• Compliance with orders

An uncontested case may move more efficiently than a heavily contested case, but no precise timeline should be guaranteed.

What Temporary Issues May Need Attention?

While the divorce is pending, the family may need temporary arrangements involving:

• Child support
• Alimony
• Parenting plans
• Time-sharing
• Use of the marital home
• Payment of household bills
• Health insurance
• Preservation of property
• Attorney's fees
• Responsibility for debts
• Business operations

Temporary relief is not automatic. It may require financial disclosure, a written request, notice, evidence, and a hearing.

Should You Settle or Go to Court?

Settlement can provide greater control over the outcome.

Spouses may attempt resolution through:

• Direct negotiation
• Attorney-assisted negotiation
• Mediation
• Collaborative divorce
• A marital settlement agreement

Potential benefits include:

• Greater control
• More detailed solutions
• Reduced public conflict
• Fewer contested hearings
• More predictable terms
• Better preservation of a co-parenting relationship

Settlement is not appropriate at any price. A proposed agreement should be evaluated for legal, financial, tax, parenting, safety, and enforcement consequences.

When the spouses cannot reach an acceptable agreement, the judge may need to decide the unresolved issues.

Questions to Ask Before Filing

Consider asking:

• What assets and debts exist?
• Which property may be marital or nonmarital?
• What financial documents are missing?
• What will each household cost?
• Where will each spouse live?
• What parenting schedule is realistic?
• Are there immediate safety concerns?
• Is temporary support needed?
• Is insurance at risk?
• Is either spouse moving or transferring property?
• Does a business require valuation?
• Are retirement benefits involved?
• Is mediation or collaborative divorce appropriate?
• What fees and costs may apply?
• What should be avoided before filing?

Common Mistakes When Considering Divorce

Avoid:

• Hiding or transferring assets.
• Emptying joint accounts without considering legitimate expenses.
• Destroying financial or electronic records.
• Moving children without legal advice.
• Involving children in adult conflict.
• Posting allegations on social media.
• Accessing private accounts without authorization.
• Canceling insurance impulsively.
• Leaving the home without considering practical consequences.
• Signing an agreement without understanding it.
• Assuming the court will favor one gender.
• Treating parenting time as leverage for support.
• Using old online fee estimates as current quotes.
• Expecting a guaranteed timeline.
• Waiting for a crisis before obtaining advice.

Divorce Consideration Checklist

Before deciding what to do next:

• Identify known assets and liabilities.
• Gather available financial records.
• Review household income and expenses.
• Develop an estimated post-separation budget.
• Review housing options.
• Consider the children's schedules and needs.
• Preserve electronic records.
• Protect individual passwords.
• Review insurance coverage.
• Check credit reports.
• Identify safety concerns.
• Avoid unusual financial transfers.
• Consider settlement options.
• Prepare questions for an attorney.
• Obtain current fee information directly from the firm.

Frequently Asked Questions

What is the first thing I should do when considering divorce?

Begin by identifying the major financial, parenting, housing, and safety issues. Gather lawful copies of available records and obtain advice before making major changes.

Do I need to prove that my spouse did something wrong?

Generally, no. Florida permits dissolution when the marriage is irretrievably broken.

Can my spouse refuse to give me a divorce?

A spouse's refusal to agree does not ordinarily prevent dissolution indefinitely. The court must determine whether the marriage is irretrievably broken.

Can the court require marriage counseling?

In limited circumstances involving a minor child or a denial that the marriage is irretrievably broken, the court may order consultation or continue the proceeding for a limited period.

How long must I live in Florida before filing?

At least one spouse generally must have resided in Florida for six months before the petition is filed.

Should I tell the children before filing?

There is no single correct time for every family. Consider the children's ages, living arrangements, safety, emotional needs, and whether a coordinated explanation is possible.

Should the children know the details of the divorce?

Children generally should not be burdened with adult financial disputes, accusations, litigation strategy, or pressure to choose sides.

Is everything divided exactly in half?

Florida begins with the premise that marital assets and liabilities should be divided equally, but a legally justified unequal distribution may be ordered.

How much will my divorce cost?

Cost depends on the case, fee agreement, unresolved issues, discovery, experts, hearings, and whether the spouses reach settlement. Obtain current pricing directly from the attorney or firm.

Is the initial retainer the total price?

Not necessarily. A retainer is often billed against as work is performed. Review the written fee agreement carefully.

How quickly can an uncontested divorce be completed?

Timing depends on filing, service, disclosure, court procedure, scheduling, and completion of required documents. No exact completion date should be guaranteed.

Do I need an attorney before deciding to file?

You are not required to file merely because you consult an attorney. A consultation can help you understand possible rights, risks, costs, and next steps.

Speak With a Brandon Divorce Attorney

Considering divorce does not require making every decision immediately.

Understanding the family's assets, debts, parenting needs, housing, financial obligations, and legal options can help you decide what steps are appropriate.

Curry Law Group assists clients with divorce and related family-law matters in Brandon, Tampa, Riverview, Valrico, Plant City, and surrounding Hillsborough County communities.

For current information about consultations, fees, and representation, call Curry Law Group at 813-653-2500.

Legal Disclaimer

This article and accompanying video provide general educational information and do not constitute legal advice. The video was originally published on January 16, 2019. Any fees, retainers, costs, timelines, legal standards, forms, or procedures discussed in the video may have changed and should not be treated as current quotes, guarantees, or case-specific advice. Every divorce depends on its particular facts. Viewing this material or contacting Curry Law Group does not create an attorney-client relationship. Consult a qualified Florida attorney regarding your circumstances.