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Issues to Consider When Deciding Whether to File for Divorce


Filing for divorce in Orlando is not a decision that anyone makes haphazardly or without significant thought. Yet sometimes spouses can decide to file for divorce without thinking through consequences concerning the timing of the divorce, or other matters that ultimately could impact the outcome of the divorce case. While every case has its own set of facts that should be discussed with an experienced divorce lawyer, there are some general issues that anyone should take into account when deciding whether to file for divorce. An article in Divorce Magazine examines some of those matters, and we want to discuss them in more detail.

Have You Met the Requirements for Divorce? 

According to Florida law, at least one of the spouses involved in the divorce must have lived in the state of Florida for at least six months prior to a spouse filing a petition for the dissolution of marriage in order for the divorce case to move forward. Have you met this requirement? If not, you may need to wait longer before you file. In terms of other requirements for filing for divorce, since Florida is a no-fault state for divorce purposes, you must typically show that you are filing for divorce due to irreconcilable differences.

Do You Have the Financial Documents You Need? 

Do you have all of the financial documents you will need, or do you need time to gather these materials before you actually file a divorce petition? Depending upon your particular circumstances, it may be necessary to make copies of documents like tax returns, pay stubs, invoices, and other materials prior to filing for divorce, especially if your spouse will make it difficult for you to have access to this information.

Do You Need to Take Time to Plan for the Division of Marital Property? 

Depending upon the type and amount of marital property you share with your spouse, you need to be prepared for the court to classify your property and, if it is marital property, to divide it between you and your spouse according to the theory of equitable distribution. If you need to hire an appraiser to accurately place a market value on certain items, or if you need to hire a forensic accountant to locate hidden assets, you should speak with your divorce lawyer about the best timing.

Do You Have Minor Children from the Marriage?

When you have minor children from the marriage, you will need to consider child custody issues in your divorce. The court will make a decision about custody and parenting time as part of your divorce case, and you should plan to take steps in advance, if possible, to work with your spouse to reach an agreement about parenting time and custody in your parenting plan.

Contact an Orlando Divorce Attorney 

If you have any questions about filing for divorce, or if you need advice about timing the filing of your petition for the dissolution of marriage, one of our experienced Orlando divorce attorneys can assist you. Contact Anderson & Ferrin to learn more about the services we provide to clients in Central Florida.




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