If you are thinking about divorce, what you do before filing for divorce in Florida can shape everything that follows. Good preparation can save you money, reduce conflict, and protect your relationship with your children. Here is a practical checklist from a Miami family lawyer.
1. Make sure you can file in Florida
Under Section 61.021 of the Florida Statutes, at least one spouse must have lived in Florida for six months before filing. A Florida driver’s license, voter registration, or a witness who can confirm your residency usually works as proof. If you just moved here, you may need to wait.
2. Gather your financial documents
Florida requires both spouses to share detailed financial information early in the case. Start collecting copies now, while you still have easy access:
- Tax returns for the last three years, with W-2s and 1099s
- Recent pay stubs
- Bank, credit card, and investment statements
- Retirement account and pension statements
- Mortgage, car loan, and other debt statements
- Deeds, car titles, and insurance policies
- Business records, if you or your spouse own a business
Keep copies in a safe place your spouse cannot access, such as a new email account or a trusted family member’s home.
3. Make a list of what you own and what you owe
Write down every asset and debt you know about, and note which ones you had before the marriage. In Florida, property you owned before the marriage, or received as a gift or inheritance, is usually yours, but only if it was kept separate. Learn more about how Florida divides property.
4. Think about your children’s routine
Florida law now starts from a presumption that equal time-sharing is best for children, but every family is different. Think about who handles school drop-offs, doctor visits, and activities, and what schedule would actually work. Keep a simple calendar of your involvement. Learn more about custody and time-sharing.
5. Build a simple budget
List your monthly expenses: housing, utilities, food, car, insurance, child care, and medical costs. This helps you plan for life after divorce, and it will be needed for your financial affidavit if child support or alimony is involved.
6. Protect your privacy and your safety
- Change passwords on your email, phone, and social media accounts.
- Turn off location sharing on shared devices if needed.
- Open a bank account in your own name.
- If you are afraid for your safety or your children’s safety, call 911 or the Florida Domestic Violence Hotline at 1-800-500-1119 first. A court can issue a protective injunction.
7. What not to do before filing for divorce in Florida
Some common moves can seriously hurt your case:
- Don’t empty joint accounts or hide money. Courts can penalize a spouse who wastes or hides assets.
- Don’t move out with the children without an agreement. It can affect time-sharing, and moving more than 50 miles away has special rules.
- Don’t post about your spouse or your case on social media. Assume the judge will see it.
- Don’t sign anything your spouse or their lawyer gives you before you get advice.
- Don’t run up debt or make big purchases.
8. Update your estate plan
Until the divorce is final, your spouse may still inherit from you or make medical decisions for you. Talk to a lawyer about updating your will, powers of attorney, and beneficiary designations at the right time. Learn more about estate planning.
9. Decide whether an uncontested divorce is possible
If you and your spouse can agree on property, support, and a parenting plan, an uncontested divorce is usually faster and less expensive. Even if you agree on most issues, mediation can often resolve the rest.
10. Talk to a family lawyer before filing for divorce in Florida
A consultation helps you understand your rights, avoid costly mistakes, and choose the right strategy before you take the first step. The earlier you get advice, the more options you have.
Thinking about divorce in Miami-Dade or Broward? Attorney Jessica Ramirez-Garcia, a Miami divorce lawyer, offers free consultations in English and Spanish, by appointment at our West Kendall and Coral Gables offices. Call (305) 201-0529 or schedule online.
This article is general information, not legal advice. Every case is different.