Divorce Checklist Florida

If you’re going through a divorce, having a divorce checklist in Florida can help you navigate the process. Consult with the knowledgeable family law attorneys at the Law Offices of Travis R. Walker, P.A., to ensure you’re prepared. Use our divorce checklist to take care of certain tasks related to your separation, such as dividing assets, reviewing child custody and support arrangements, and updating estate plans.

Divorce drastically changes your life and affects your loved ones in significant ways. If you’re thinking about or are currently in the process of getting a divorce in Florida, you must be fully prepared and knowledgeable about the process.

With this divorce checklist in Florida, you can navigate the divorce proceedings while safeguarding your rights and interests. Whether you need information, guidance, or practical advice, Travis R. Walker Law is here to help you on your journey. With years of experience and an in-depth understanding of the state’s divorce laws, our expert attorneys are dedicated to providing top-notch legal representation and guidance.

Preparing for Divorce

Florida has no significant requirements for divorce except that one spouse must be a Florida resident for at least six months before filing the paperwork. It is a “no-fault” state, meaning that a spouse does not have to prove that the other did something wrong.

In Florida, you must file a Petition for Dissolution of Marriage. However, there are a few steps to take before filing any paperwork. Once the petition has been filed, the respondent has up to 20 days to respond. A divorce preparation checklist will keep you on track. You will need to:

Gather Important Documents

The documents needed for a Florida divorce paperwork checklist include the following:

Marriage certificate
Prenuptial or postnuptial agreements
Financial records, such as bank statements, tax returns, and trust documents
Property ownership documents
Insurance policies
Retirement account statements
Debt statements

Assess Your Finances

Divorce often involves settling financial matters. With that in mind, you should assess your financial situation before proceeding by:

By assessing your finances early in the process, you can better prepare for discussions on property division, spousal support, and other financial matters during the divorce.

Explore Legal Options

Dealing with the legalities of divorce can be complex. You will need to decide on what type of divorce proceeding to pursue. Collaborative divorce, mediation, and litigation are common options, and they all have pros and cons that could affect your case.

Child-Related Considerations

When marriage involves children, you must consider their safety, comfort, and support. Here are some key issues to focus on:

Child Custody and Visitation

If you have children, their well-being and custody arrangements are very important. You will want to take the following steps:

Assess the best interests of the child when determining custody arrangements.
Understand the different types of custody, such as sole custody, joint custody, and shared parenting.
Develop a parenting plan that includes visitation schedules, decision-making responsibilities, and guidelines for co-parenting.

Child Support

Child support is a critical aspect of divorce when children are involved. Before you reach a fair settlement, you need to determine the child support amount based on the following:

Along with that, you should also understand the process of calculating and modifying child support payments.

Co-Parenting and Communication

Effective co-parenting and communication can significantly impact the well-being of your children during and after the divorce. Throughout the process, you will want to:

Establish open lines of communication with your co-parent
Prioritize the needs and well-being of your children in all co-parenting decisions
Attend co-parenting classes or counseling to improve communication and reduce conflicts
Develop a system for sharing important information about the children, such as school events, medical appointments, and extracurricular activities

Division of Assets and Debts

The division of property, debts, and other assets can be a tricky step in the divorce process. A spouse may try to claim assets that do not belong to them or pass their debts to the other partner. You can avoid some of these problems by having a divorce meditation checklist.

Identify Marital and Non-Marital Property

Under state law, marital property is divided in a 50/50 split. During this time, you need to:

Property Valuation and Appraisal

Any assets gained throughout the marriage will be equally divided. However, before that can happen, they will have to be appraised. Here are the steps you can take to achieve this:

Equitable Distribution

Florida follows the principle of equitable distribution when dividing assets and debts. While equitable distribution does occur, the court may not divide the assets in a 50/50 split if it is unfair to one spouse.

You might consider alternative dispute resolution methods like mediation to reach a mutually agreeable settlement. During this process, both spouses’ attorneys work with a third-party mediator to resolve property and asset disputes fairly.

Finalizing the Divorce

Once matters involving child custody and asset division have been settled, a couple can move on to the final step on the divorce checklist. At this final phase of the proceedings, your divorce lawyer will help with several steps.

Drafting and Filing Legal Documents

The final stages of a divorce center around these legal documents. Your attorney will:

Legal Representation and Mediation

While hiring an attorney is not required under state law, having legal representation can provide invaluable support and protect your interests. You need a skilled and qualified attorney to:

Final Court Hearing

The final step in the divorce process is attending a court hearing with a judge signing off on the decree. You will want to do the following:

You can use a checklist for the after-divorce period in Florida to help you stay organized and protect your rights in the event of a dispute. Some items on that list can include:

Review and update your will, trust, and other estate planning documents to reflect your new circumstances. You may need to consult a trust litigation attorney to ensure these changes are legally binding.
Update beneficiaries on life insurance policies, retirement accounts, and any other accounts with designated beneficiaries.
Change your driver's license, Social Security card, passport, and any other identification documents to reflect your new marital status or name change.
If you're moving after the divorce, update your address with the post office, bank, insurance companies, credit card companies, and other relevant organizations.

Reach Out to Our Florida Family Law Attorneys

By following this divorce checklist in Florida, you can address all of the crucial aspects of the process and protect your rights. The professionals at the Law Offices of Travis R. Walker, P.A., are here to assist you throughout the process and achieve the best possible resolution.

With our no-obligation initial consultation and glowing client testimonials, you can rest assured that your divorce case is in the right hands. Contact us through our online form or call 772-708-0952 to schedule a consultation today.