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Helpful Hints for an Orlando, Florida Divorce

Florida is a no-fault state for divorce. This means you can only use adultery against your spouse if you can prove that your spouse dissipated assets on their paramour. If they did that, then the spouse must reimburse you for the dissipation. Further, if your spouse gave you a communicable disease, you must plead that in your Petition for Dissolution of Marriage to preserve your right to sue your spouse for a tort. 

What to Consider When Contemplating a Divorce

Adultery is not the smoking gun that many people believe it is in their case. Therefore, there are other things you should know when you are contemplating divorcing your spouse or vice versa. How can you ready yourself for such a life-changing event? Here are a few ways:

Marriage Counseling

Counseling is one method couples use to avoid a messy divorce. Have you been to marriage counseling? Has either you or your spouse been to individual counseling? Have you discussed counseling with your spouse? Are they amenable to go to counseling? 

Keeping a Written Journal

One way to prepare yourself if your spouse decides to file for a divorce or if you are contemplating filing yourself is by keeping a journal of what transpires. This is especially helpful if your spouse is abusive toward you. 

Gathering Financial Documents

You should gather your financial documents as soon as you suspect a divorce may be on the horizon. These include tax returns, checking account statements, savings account statements, retirement account statements and brokerage accounts. You should also collect important documents like car titles. You should inventory your safe deposit box. Collect your credit card statements and loan statements. 

Outside Resources to Help With Divorce

When you go through a divorce, it is common to feel like you are completely on your own. However, there are resources you can study and people you can rely on to help you through the process.

Florida Statutes

You should read the Florida Statutes on Dissolution of Marriage. They are Florida Statute 61.075 on Equitable Distribution, Florida Statute 61.08 on Alimony, and Florida Statute 61.16 on Attorney’s fees. They will explain the laws the judge will use to evaluate and analyze your case. If you have children, you should review Florida Statute 61.13 Best Interest of the Child and Florida Statute 61.30 Child Support. 

Financial Resources

If you have a financial planner or a CPA, you should speak to them. You should price health insurance and car insurance. There are Administrative Orders in Orange County and Seminole County that state that a spouse cannot remove their spouse from the insurance policies pending the divorce. However, once the final judgment is entered, they are allowed to do that. 

Determining Household Equity

You should determine the equity in your house and whether you plan to keep your house or sell it. If you wish to keep your house, can you afford to refinance the house in your name only? If your spouse obtains an attorney, then your spouse will most likely demand that you do that in order for you to reach a settlement where you keep the marital residence.

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.