08 Jan Florida Divorce Guide: How to Prepare and Protect Your Interests
Thinking about divorce in Florida? This Florida Divorce Guide outlines the seven essential steps you need to take to prepare for the process, protect your assets, and secure your future. Whether you are in Miami-Dade County, Broward County or elsewhere in the state, understanding Florida divorce laws and procedures can help you move forward with confidence. From financial disclosures to parenting plans, this guide walks you through everything you need to know.
Step 1: Open the Lines of Communication
Talk Early If It’s Safe to Do So
If you and your spouse can safely communicate, it’s wise to discuss how the divorce will proceed. Talk about short-term plans: who stays in the marital home, how bills will be paid, and what timeline each party has in mind. Florida is a no-fault divorce state under Fla. Stat. § 61.052, so proving blame is not required. Instead, focus on logistics and safety.
Establishing respectful communication early can also support a more amicable divorce process, which can help reduce attorney’s fees and emotional toll. In Miami-Dade, judges often encourage parties to resolve issues outside of court where possible, including through mediation or collaborative divorce frameworks. These methods rely heavily on mutual respect and cooperation from the outset.
Step 2: Hire a Florida Divorce Attorney You Can Trust
Look for Local Miami-Dade Experience
Hiring an experienced divorce lawyer is one of the most important steps. Florida’s laws on equitable distribution, alimony, and timesharing are detailed and can change frequently. Choose an attorney familiar with local Miami-Dade court procedures and who offers a strategy that fits your goals. If cost is an issue, ask about limited-scope representation under Rule 12.040.
In contested divorces involving child custody, complex financial portfolios, or business ownership, having legal counsel is essential. Miami-Dade’s family court dockets are busy, and procedural missteps can cause serious delays. An experienced attorney can guide you through judicial case management conferences, local filing requirements, and court-ordered mediation procedures that are unique to the Eleventh Judicial Circuit.
Step 3: Organize Your Financial Information
Mandatory Disclosure Under Florida Law
Under Rule 12.285 of the Florida Family Law Rules of Procedure, both spouses must provide mandatory disclosure of financial documents, including:
- Tax returns (last 3 years)
- Bank and credit card statements
- Pay stubs or income proof
- Retirement and investment accounts
Accurate financial documentation is crucial for alimony, child support, and property division. Open your own bank accounts if needed and begin tracking your expenses to prepare for post-divorce budgeting.
Consider creating a digital folder to organize your records for easy access. Include records of recurring monthly expenses, proof of health insurance costs, mortgage or rent payments, and tuition or childcare fees. If you own a business or hold income-producing assets, gather all profit and loss statements, partnership agreements, or trust documents. Miami judges take accuracy and transparency very seriously during financial disclosures.
Step 4: Consider Your Housing Options
Planning for Post-Divorce Living Arrangements
Decide if you’ll remain in the marital home or move out. If children are involved, stability and proximity to their schools and activities should be top priorities. Florida courts may grant exclusive use of the marital home to one spouse, especially if minor children reside there (Fla. Stat. § 61.075(1)(h)). Consider affordability, refinancing options, and your long-term plans.
If you’re moving, begin researching rental options or temporary housing that aligns with your child’s school zone and transportation needs. In Miami, housing affordability is a serious concern. Prepare for higher rental costs and possible credit checks. If you’re keeping the home, consult your lender about mortgage refinancing to remove your spouse’s name and ensure full financial independence.
Step 5: Divide Property Thoughtfully and Fairly
Understand Florida’s Equitable Distribution Rules
Florida divides marital property based on fairness, not necessarily 50/50. Marital assets include income, property, and debts acquired during the marriage. Non-marital assets (e.g., inheritances or pre-marriage property) are typically excluded. Inventory everything from real estate and cars to bank accounts and valuables. Consult your attorney before making major financial changes.
If you or your spouse own a business, have stock options, or possess intellectual property, these assets may require formal valuation. Florida courts rely on expert witnesses, such as forensic accountants and appraiser, to assess value. Miami-Dade judges are experienced in handling high-net-worth divorces, and failing to properly disclose or value an asset could result in legal penalties or unequal distribution.
Likewise, if one spouse suspects the other of dissipating marital funds (e.g., excessive spending, secret accounts), your attorney can subpoena bank records and seek injunctive relief to preserve those assets until the divorce is resolved.
Step 6: Plan for Parenting and Timesharing
Draft a Florida Parenting Plan Early
Florida no longer uses the term “custody.” Instead, courts allocate parental responsibility and timesharing. A new law creates a rebuttable presumption for equal timesharing under Fla. Stat. § 61.13(2)(c)(1). Prepare a parenting plan that includes:
- Weekly and holiday schedules
- Communication methods (e.g., phone, video)
- Decision-making authority for health, school, and religion
The court will evaluate the plan based on the child’s best interests, so focus on stability and cooperation.
Miami-Dade courts encourage parents to create detailed and realistic parenting plans. If your child has special needs, include information about therapies, medical appointments, or specialized education programs. Be prepared to explain how each parent will support the child’s routine and developmental needs.
Additionally, Florida law limits how far a parent can move without court approval. If you anticipate relocation for work, family support, or housing, etc., your plan must comply with Fla. Stat. § 61.13001, which governs parental relocation more than 50 miles from the child’s current residence. Advance notice and court permission may be required.
Step 7: Strategically Initiate the Legal Process
Filing for Divorce in Miami-Dade County
To start a divorce, one spouse must have lived in Florida for at least six months (Fla. Stat. § 61.021). File a Petition for Dissolution of Marriage with the circuit court in your count. Miami residents typically file in the Eleventh Judicial Circuit. Your spouse has 20 days to respond. If contested, the process may include mediation, discovery, temporary relief hearings, and possibly trial.
Strategically timing your filing can affect property valuation, tax planning, and eligibility for certain benefits. If you file before year-end, you may be eligible to file taxes as “single” or “head of household” the following year. If you fear your spouse may drain assets or retaliate financially, filing early can also trigger automatic financial restraints.
Be prepared to attend a parenting class if you have minor children, as required by Miami-Dade Administrative Order. Your attorney will also prepare you for mandatory mediation before trial, which is designed to resolve issues cost-effectively. Mediation outcomes are often more flexible than court-ordered judgments, especially regarding timesharing and property division.