Deciding to file for divorce is never easy. Even when the decision feels necessary, it can come with a wave of emotions—uncertainty, sadness, and even relief. Once you’ve chosen to move forward, the next steps matter. Taking time to prepare before you file can help protect your rights, reduce unnecessary stress, and give you more control over the process ahead.
At Owenby Law, P.A., we’ve guided countless clients through the divorce process across Florida. Whether you’re just starting to explore your options or feel ready to take the first legal step, here are five important things to do before filing.
1. Understand Florida’s Divorce Laws
Florida is a no-fault divorce state, which means you don’t have to prove wrongdoing or fault to get divorced. The only requirement is that the marriage is “irretrievably broken.” However, that doesn’t mean the process is always simple.
You or your spouse must have lived in Florida for at least six months before filing. The divorce could involve child custody, spousal support, property division, and more, depending on your situation. Understanding how Florida courts handle these issues will help you make informed decisions as you move forward.
Working with an experienced family law attorney can help clarify your legal rights and responsibilities, especially if your divorce is likely to be contested or involves complex assets.
2. Get Your Financial Documents in Order
Divorce often involves a complete review of both spouses’ financial situations. Before filing, begin gathering key documents such as:
- Recent pay stubs and tax returns
- Bank statements and credit card balances
- Mortgage documents and property deeds
- Retirement accounts and investment records
- Insurance policies and debt information
These documents will help your attorney build a clear picture of your marital estate and prepare for equitable distribution under Florida law. It also ensures you’re not caught off guard if your spouse tries to hide or withhold financial information.
3. Consider Your Living Arrangements
Think carefully about your living situation—both now and after the divorce is finalized. Will one spouse remain in the marital home? Will both parties move out? Are there children who need to stay in a familiar environment?
If you plan to stay in the home, consider how you’ll afford the mortgage or rent on your own. If you plan to move, begin researching housing options and budgeting accordingly. Florida courts may issue temporary orders regarding who stays in the home and how expenses are handled during the divorce process, so it’s best to discuss your options with your attorney early on.
4. Make a Parenting Plan If You Have Children
Creating a parenting plan should be a top priority if you and your spouse share children. Florida law emphasizes the child's best interests and encourages shared parental responsibility whenever possible.
Start thinking about how holidays, school breaks, and daily routines will be handled. Consider your work schedules, children’s needs, and ability to co-parent effectively. You don’t have to finalize everything before filing, but having a framework can reduce conflict and provide a more stable transition for your kids.
5. Speak with a Divorce Attorney
The most important step before filing is to speak with a knowledgeable divorce attorney. Every divorce is different, and having professional guidance from the start can help you avoid common pitfalls and protect what matters most.
A qualified attorney can walk you through your rights, help you understand what to expect, and work with you to develop a strategy that aligns with your goals. Even if your divorce seems amicable now, legal representation ensures that your interests are protected if things become more complicated down the line.
Jacksonville Divorce Lawyer
At Owenby Law, P.A., we help you navigate divorce with clarity, compassion, and confidence. If you’re considering filing for divorce in Florida, our experienced legal team is ready to answer your questions and guide you through every step. Contact us today at (904) 770-3141 to schedule a confidential consultation and get the trusted legal support you deserve.