Couple signing paperwork together for a divorce.If you are contemplating a divorce or are concerned that your spouse may be preparing to file to dissolve your marriage, preparing now can help make the process less stressful and potentially quite a bit smoother. If you have concerns, it is never too early to start planning and if you are thinking about meeting with a divorce attorney, taking certain steps prior to your appointment can help you get the most out of your initial consultation.

This checklist is by no means exhaustive, and some of the items listed may not apply to you. However, most spouses will find at least portions of it helpful as it covers many of the preliminary considerations involved in preparing to go through a divorce in Florida.

Create an Inventory of Your Physical and Financial Assets

Virtually all divorces involve at least some aspect of property distribution. In Florida, assets that either spouse acquires during the marriage are generally considered “marital assets” that are subject to distribution in the event of a divorce. Florida adheres to the principle of “equitable distribution,” which means that spouses must divide their assets in a way that is fair; this does not necessarily mean splitting them 50/50.

In order to gain a complete picture of the assets that will be on the table in your divorce, take the time to compile a list that is as comprehensive as possible. Include both physical and financial assets, such as:

  • Real estate
  • Furniture
  • Vehicles and boats
  • Jewelry, tools, electronics and other items of personal property
  • Artwork and other collections
  • Bank and investment accounts
  • Retirement accounts and pensions
  • Privately-held businesses
  • Life insurance policies
Thinking about divorce and unsure where to start? Let’s chat! Our experienced team is here to answer your questions and guide you through the process. Reach out today!

Create a List of Debts

In addition to preparing a list of assets, prepare a list of debts as well. This includes debts that are secured by personal or real property (such as mortgages and car loans) as well as unsecured liabilities (such as student loans and credit card debt). If you or your spouse owns a business, separately make note of any debts that are in the business’s name.

Create a List of Digital Assets and Online Accounts

Digital assets are increasingly playing a central role in the divorce process. This includes everything from social media profiles to iTunes and other digital storage platform accounts. These assets may also be subject to equitable distribution in your divorce. In any event, you will want to make sure you have access (and your spouse doesn’t) to make any changes to privacy settings that may be necessary.

Identify Assets and Debts That Are “Separate”

While marital assets are generally subject to equitable distribution in a divorce, “separate” assets are not. Separate assets typically include assets acquired during the marriage as well as assets acquired through certain specified means during the marriage (e.g., through gift or inheritance). Once you compile a list of assets, do your best to denote which assets you believe may qualify as your (or your spouse’s) separate property. It will be necessary to confirm that you have done this correctly. But regardless, this is an important starting point for determining which assets you may need to try to protect in your divorce.

Collect Your Income and Tax Records

If you or your spouse will seek spousal support (or “alimony”) or if you have children (in which case your divorce will necessarily involve a determination of child support), you will need copies of your income and tax records. While the standards for calculating alimony and child support are very different, both involve an element of determining each spouse’s respective financial position (or, in appropriate cases, earning potential).

Start Thinking about Your Priorities

Negotiating an amicable divorce is about compromise. Both spouses will have priorities, and both will need to make certain concessions in order to reach a settlement on mutually-agreeable terms. In order to make informed decisions as your divorce progresses, it will be important to be clear about your list of priorities. Which marital assets do you most want to keep? Are you willing to give up certain assets in order to obtain (or avoid paying) alimony? What are your goals with regard to custody or visitation? These are just a few of the questions you will need to carefully consider.

Think about Your Spouse’s Priorities, Too

As you think about your priorities, try to anticipate your spouse’s priorities as well. Where are you most likely to run into conflicts? What priorities of his or hers can you leverage to your advantage? By thinking about potential scenarios, you can develop a plan that you will be ready to execute if and when the time comes.

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14:10 01 Aug 23
Rebecca is the person you want! 5 stars all around. She was able to educate me on all of the things. Things that I didn’t even think about. She truly cares about people. She went above and beyond. So knowledgeable and worth having on your team! She will be the person I go to in the future if her services are needed again. Thanks Rebecca!
Dave Troppe
09:45 28 Mar 23
Very knowledgeable, professional, and responsive. A+ service- would highly recommend this law firms service!
Scott Wagner
14:01 27 Feb 23
Awesome Professional Experience. Worked infinitely faster than my last lawyer for half the fee and better results. 10/10
Rebeca Grasley
20:09 10 Feb 23
Jordan Calderon
16:54 09 Sep 21
I had the opportunity to work with both Mina and Rebeccah. Both of them were very responsive, productive, sharks when I needed them to be, but also very personable and easy to consult with. They also kept me grounded and reasonable. This firm isn't cheap, but I felt I got what I paid for. I essentially got everything I wanted in my case. They also went above and beyond communicating with the opposing counsel, ensuring that I was safe and being treated fairly which meant a lot to me.
Joyce Case
23:24 01 Apr 21
I hired this firm back in December, 2020 for my divorce. The firm was recommend by an employee that works with me. I had my initial consult with Rebeccah and immediately liked what she had to offer. I hired her after the consult. Rebeccah has been fantastic to work with and she always looked after my best interest. She was always available and responded to my questions or concerns very timely. Towards the end of the process, things became quite difficult with my ex and Rebeccah was so very understanding and sympathized with me. I highly recommend this firm/Rebeccah if you have a divorce to work through. I will be using Rebeccah’s services in the near future for my will and additional documents.
Carol Cee
21:49 30 Apr 17
Five Star Plus! Mina came highly recommended to me by several professionals in the Jacksonville area. I was emotionally and financially exhausted by my previous attorney, who was representing me in a long, on going, high conflict divorce. I desparetly need new council. Hiring Mina was the best decision I made. I was impressed by many things about her. Her knowledge of law is is voluminous. Because of that, she was able to address the crucial issues in my case and only those issues. She does not take a circuitous route to rack up attorney fees as my previous attorney did. Mina's knowledge paired with her assertiveness makes her a quick thinker, and an amazing litigator. In the court room, I was so proud that Mina was MY attorney. In addition, Mina cares. She cared about me throughout my case, making me laugh when I wanted to cry. Mina's staff is equally as good. Valerie and Jennie always took time with me and went above and beyond. I am still proud to have had Mina and her staff represent me, and will forever be thankful for their kind and caring deft ability to successfully end my divorce case.
A. Geemail
18:58 08 Sep 14
Mina Bustamante is wonderful. When I first met her, she was wearing blue jeans and eating pretzels but had a fierceness about her. I felt comfortable talking to her but I could tell she would be a pit bull in court, exactly what I needed. Seeing her in action at the temp needs hearing was amazing. It made me so happy I had her on my side. She fought hard and in the end, we were finally able to come to an agreement with the petitioner. I interviewed several attorneys before her, including some very well-known ones in Jacksonville, but Mina seemed to know her facts way better than the others. In all, I adore her and the helpful ladies at her office.

Consider Your Children’s Best Interests

If you have children, establishing custody and visitation will involve developing a parenting plan that reflects your children’s best interests. These “best interests” are established by Florida law, and they take into consideration factors such as the parents’ respective capabilities to provide a stable home environment, the parents’ respective work schedules, and the children’s educational and social needs. As you think about the relationship you hope to maintain with your children after your divorce, think about how you can use Florida’s “best interests” factors to your advantage.

Learn More about Collaborative Law and Mediation

While some divorces end up in court, most are resolved informally through mediation or the collaborative law process. To learn more about each of these alternatives to high-conflict divorce litigation, you can read:

Prepare a List of Questions

Finally, we’re sure you have lots of questions. To make sure you get as many answers as possible, prepare a list to bring with you to your initial consultation.

Request a Confidential Initial Divorce Consultation in Jacksonville, FL

At Beller Law, PL, we provide experienced, compassionate, and personalized legal representation for divorcing spouses in Jacksonville, FL. If you have questions and would like to speak with an attorney, we encourage you to call 904-288-4414 or contact us online for a confidential initial consultation.