When a person decides that they want a divorce, it may have a significant impact on the relationship with their spouse. Immediately, they may have a spouse who is angry and vindictive, sad, frustrated or upset.
If the divorce comes after an affair or other alleged wrongdoings, one spouse might be angry and not want to negotiate or settle. They may intend to drag out the divorce and to go to court.
Both you and your spouse should consider how you want to approach the topic of divorce carefully, because how you handle your divorce will likely make an impact on the outcome. If you’re reasonable and willing to negotiate, you may come away with what you need to have a comfortable, balanced life in the future. If not, then you may spend a significant amount of money on a trial and end up with an unbalanced settlement that neither of you truly agree with.
Understand Florida’s laws before you decide how to approach divorce
Before you decide how to approach your divorce, it’s important to understand how Florida’s laws apply. Florida is an equitable distribution state, so there is a potential that you will not split your assets equally. It is also a no-fault state, so you don’t have to have a reason for divorce other than wanting one.
If you go to court, the judge will have to consider many factors when determining how to divide your assets, set up spousal support or handle child support and custody. They’ll look at how long you were married, each person’s contribution to the marriage and what it would take to maintain your current lifestyle.
That being said, you do have the option of negotiating outside court. Your attorneys can work together to communicate each party’s wishes, or you can informally discuss your property and how you want to divide it with your spouse. Both of you should work with your attorneys to determine what you need versus what you want out of your marital assets. Then, if possible, negotiate to settle outside court. This is the only way to be sure that both of you get at least something that you want as you divorce.