Florida Divorce Checklist

Here's a checklist of common issues involved in divorces in Florida that may help you get ready for settlement discussions or trial. Make sure that you look at the common questions - frequently asked questions section which follows the checklist and which has a great deal more information.

1. One party must be a Florida resident for at least the six-month period immediately preceding the filing of the divorce petition.

2. Custody of children.

3. Visitation with children.

4. Shared parental responsibility. (I.e. both the custodial and non- custodial parent takes part in the decisions affecting their minor children)

5. Child support (including health insurance and day care expenses). (can be dependent on a number of factors including how much time the non-custodial parent spends with the children.

6. Alimony (based on need and ability to pay)

7. Division of property acquired during marriage (including pension/401k type programs, and businesses) and division of debts. Note that the assets to divide would usually not include inherited property, property brought into the marriage by one spouse, or property acquired via a gift from a third party solely to one spouse. (even if such gift is during the marriage.) But an exception to this principle may be where the property has been put into both names, or commingled into a joint account with your spouse.

8. Disposition of marital home.

9. Relocation issues (i.e. custodial parent wishing to permanently leave the area with the minor children.

10. College expenses for children - Courts cannot order a party to pay for a child's college, but if the parties come to an agreement that one party is to provide such support, then the Court can enforce the agreement.

11. Restoration of maiden name.

12. Must have full financial disclosure of income, assets, liabilities and expenses by each party to the other. At a minimum, under the rules, each party needs to provide the other with a sworn financial affidavit. Also, a child support guidelines worksheet needs to be submitted to the Court where children are involved.

13. Attorney fees: Issue of whether your spouse is in such superior financial shape compared to you that your attorney fees should be paid by him/her. (assuming you can't afford the fees)