Florida is a no-fault divorce state. Adultery generally matters only when a spouse has dissipated marital assets on a paramour. If that occurred and can be proven, the spouse may be required to reimburse the marital estate for the dissipation. If your spouse gave you a communicable disease, you must plead that fact in your Petition for Dissolution of Marriage to preserve your right to bring a separate tort claim against your spouse.
Adultery is not the “smoking gun” many people expect it to be. Instead, focus on practical steps that can help you prepare for a possible divorce and the changes it may bring.
Marriage Counseling
Counseling may help couples address problems before they lead to a difficult divorce. Consider the following questions:
- Have you and your spouse attended marriage counseling?
- Have either you or your spouse attended individual counseling?
- Have you discussed counseling with your spouse?
- Is your spouse willing to participate in counseling?
Keep a Written Journal
Keep a written record of significant events if your spouse may file for divorce or you are considering filing. A journal can be especially helpful when documenting abusive behavior. Record events factually and include dates, locations, and relevant details when possible.
Gather Financial and Property Documents
Begin gathering records as soon as you suspect divorce may be on the horizon. Useful documents include:
- Tax returns
- Checking and savings account statements
- Retirement and brokerage account statements
- Credit card and loan statements
- Car titles and other important ownership records
- An inventory of the contents of any safe deposit box
Outside Resources to Help With Divorce
Divorce can feel isolating, but legal, financial, and professional resources can help you understand the process and prepare for what comes next.
Florida Statutes
Review the Florida statutes that may guide a judge’s evaluation of your case:
- Florida Statute 61.075 — Equitable Distribution
- Florida Statute 61.08 — Alimony
- Florida Statute 61.16 — Attorney’s Fees
- Florida Statute 61.13 — Best Interests of the Child (if you have children)
- Florida Statute 61.30 — Child Support (if you have children)
Financial and Insurance Resources
Speak with a financial planner or CPA if you have one. You should also:
- Estimate the cost of obtaining your own health insurance.
- Estimate the cost of obtaining your own car insurance.
- Review applicable Administrative Orders in Orange County or Seminole County. These orders generally prevent a spouse from removing the other spouse from insurance policies while a divorce is pending. After final judgment, however, that coverage may be removed.
Determine Your Home Equity and Housing Plan
Determine how much equity is in your home and whether you want to keep or sell it. If you hope to keep the marital residence, ask whether you can afford to refinance the mortgage in your name alone. Your spouse’s attorney will likely require refinancing as part of any settlement that awards you the home.
Divorce Preparation Checklist
Here is a list of the steps discussed here to help you keep track:
- Consider marriage or individual counseling.
- Begin a factual, dated journal of significant events.
- Gather tax returns and bank, retirement, brokerage, credit card, and loan statements.
- Collect car titles and other ownership records.
- Inventory any safe deposit box.
- Review the Florida statutes relevant to property, alimony, attorney’s fees, children, and child support.
- Consult a financial planner or CPA.
- Price individual health and car insurance coverage.
- Calculate your home equity and decide whether you want to keep or sell the home.
- If keeping the home, determine whether you can refinance it in your name alone.
- Discuss any dissipation of marital assets or communicable-disease claim with a qualified Florida family-law attorney.
If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation.
This article is for informational purposes only and does not form an attorney client privilege.