Preparing for the legal, financial, and emotional realities of Divorce in Florida

Divorce is rarely a simple event, instead it is frequently a process with multiple twists and turns. In Florida, where equitable distribution and time-sharing statutes govern many outcomes, preparation is one of the best predictors of a fair, calm and efficient resolution. Whether you anticipate mediation, collaborative law, or believe litigation is necessary, taking practical steps before filing can protect your rights, clarify your priorities, and reduce unnecessary conflict. In this blog post, I will review some concepts to consider as you review your options regarding separation and divorce.

Understand Your Legal Framework

Florida is a no-fault divorce state, meaning that either spouse can seek dissolution on the grounds that the marriage is “irretrievably broken.” However, equitable distribution under Florida Statute § 61.075 and time-sharing arrangements under § 61.13 still require evidence and preparation. Before taking action, consider consulting with a Florida Family Law attorney and review with them what you may need to do. You can also consider some of the following concepts as you go through the process:

• Review whether you meet the six-month residency requirement for filing.
• Consult with a Florida family law attorney to understand options such as mediation, collaborative divorce, or traditional litigation.
• Familiarize yourself with mandatory disclosure rules, including financial affidavits and discovery deadlines.
• For additional information, you can review the Florida Bar Family Law Handbook at Florida Bar Family Law Handbook. You can also review Florida family law forms, including petitions, financial affidavits, and parenting plans, directly from the Florida Supreme Court at Florida Supreme Court – Family Law Forms.

Consider Collaborative Divorce

Collaborative divorce offers an alternative to courtroom litigation, focusing on resolution rather than confrontation. Under Florida’s Collaborative Law Process Act (Fla. Stat. §§ 61.55–61.58), both spouses commit to resolving their disputes respectfully and privately, with the help of trained professionals.

Key features include:

• Each spouse retains a collaboratively trained attorney, and the parties jointly engage neutral professionals, such as a financial specialist and a mental health facilitator, to help guide discussions.
• All participants sign a participation agreement, committing to full transparency and agreeing that if the process fails, both attorneys must withdraw before litigation begins.
• This approach encourages open communication, minimizes hostility, and protects children from the adversarial nature of court proceedings.
• For many Florida families, collaborative divorce blends the problem solving structure of mediation with the supportive framework of a multidisciplinary team, offering a path to closure that is both dignified and durable.

Gather and Organize Financial Information

Financial clarity is the backbone of every divorce case. Florida’s equitable distribution model divides marital assets and debts fairly, but not necessarily equally, based on documentation.

Concepts to Consider:

• Two years of tax returns (federal and state)
• Pay stubs, W-2s, or 1099s for both spouses
• Bank, credit card, and investment statements
• Retirement accounts, pensions, and life insurance policies
• Mortgage documents, property appraisals, and titles
• Business ownership records if self-employed or an entrepreneur
• Household budget: current monthly income, expenses, and anticipated changes
• Organizing these materials early reduces discovery disputes and provides for informed negotiation in mediation, collaborative sessions, or court.

Inventory Marital and Non-Marital Property

Under Florida law, property acquired during the marriage is typically marital, subject to division, unless proven otherwise. As you review the potential property, consider the following:

• Real estate (homes, rental properties, land)
• Vehicles, boats, or recreational assets
• Jewelry, art, and collectibles
• Inheritances or pre-marital assets (with documentation of ownership)
• Keep copies of deeds, purchase receipts, and any prenuptial or postnuptial agreements that may affect ownership rights.

Parenting and Time-Sharing Plans

If children are involved, Florida courts require a Parenting Plan that details time-sharing, parental responsibilities, and communication. Before entering negotiations, it may be helpful to consider:

• Outline a proposed schedule that considers school, extracurriculars, and holidays.
• Document your role in daily care, education, and medical decisions.
• Keep communication child-focused. Courts evaluate what is in the best interests of the child, not parental convenience.
• Mediation and collaborative processes are often the best forums to craft cooperative parenting plans, reducing future litigation and emotional strain.

Safeguard Digital and Personal Privacy

In the digital era, your online presence can unintentionally affect your case. As you consider divorce, some items to review include:

• Changing passwords and enabling two-factor authentication.
• Review social media posts and set accounts to private.
• Create a new email address for legal and financial correspondence.
• Safely store digital copies of all relevant documents (encrypted or password-protected).

Address Immediate Financial and Living Arrangements

• Determine how you will manage day-to-day logistics while the divorce is pending:
• Open an individual bank account for your income.
• Plan for temporary housing or shared-home arrangements.
• Discuss temporary child support or spousal support with your attorney.
• Avoid major financial moves (selling property, transferring assets) without legal guidance—these actions may be scrutinized under Florida’s automatic financial disclosure rules.

Build Your Support System

Divorce is both legal and emotional. There will be great days and tough days. It is helpful to have folks that understand you and can be there in a supportive manner. Consider assembling a personal and professional support team:

• Attorney for legal guidance
• Financial planner or CPA for tax and post-divorce planning
• Therapist or counselor for emotional resilience
• Trusted family or friends for practical support

Many clients find that early mediation or a collaborative process fosters a calmer, more constructive environment than adversarial proceedings, especially when guided by clear preparation and realistic expectations.

Plan for Life After Divorce

Preparation should not end when the judgment is entered or when the agreement is signed. If there are shared responsibilities, you may continue to have your ex-spouse in your life in one way or another for many years to come. It is helpful after the divorce to consider the following:

• Update estate planning documents (this may include a will, power of attorney, healthcare surrogate, among others).
• Review insurance beneficiaries and retirement accounts.
• Establish a post-divorce budget that reflects new living expenses and financial goals.
• Consider attending post-divorce mediation to address future parenting or support adjustments collaboratively.

Conclusion

A well-prepared client is an empowered client. By following a structured pre-divorce review of potential issues and concepts, and considering collaborative approaches, you reduce uncertainty, save time and legal costs, and preserve emotional bandwidth for what matters most: your future and your family. At Endeavor Mediation, we can help clients navigate these tough experiences in mediation with professionalism, neutrality, and compassion during efforts towards resolution.