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Home > Florida > Five Tips Before Filing Your Divorce
Five Tips Before Filing Your Divorce Florida
  1. Think twice before moving out of the Marital Home
She kicks you out.  Locks the doors.  Are you out of luck?  In Florida, not necessarily. 

The marital home is your home just like it is her home.  You are perfectly within your right to stay.  If she were to call the cops, they would politely tell her that it is a civil matter, and you do not need to go. 

Staying in the marital home has benefits. If you leave the home, you run the risk of having the Judge order you to pay a portion of the mortgage pending the divorce.  If you have children, the Judge could order that your spouse have exlcusive use and possession of the home until the children reach the age of majority. It is important to talk to your Tampa Family law Attorney about these potential ramifications before you leave the home.

However, ever situation is different.  You may find that the stress of the home is untenable, and may feel there is a threat of violence.  In these cases, your mental health may require that you leave the marital residence.  Again, weigh the benefits against the negatives.

2.  Create a New Checking Account

Sometimes, one of the spouses lets their emotions overtake them, and they decide to clear out the checking account or other liquid asset.  While the court will consider this when dividing assets and liabilities, it can be difficult and not very cost effect to attempt to retrieve lost assets.  Talk to your tampa family law attorney about the possibility of creating a new checking account. 

Keep Open Lines of Communication With Your Spouse

Some people think that once they hire a tampa divorce attorney, they should just let the attorney do the talking.  If you are still amiable with your spouse, speak openly and frankly about possible settlement ideas, ect.  This can save you money in the long wrong by eliminating fighting over issues that are should not be fought over.

Consider waiving personal service and getting the other spouse to agree to a resolution

This trick can do wonders if the other spouse is of the emotional sort.  By eliminating the need for a process server or sheriff to surprise the other spouse, it can help keep emotions from spiraling out of control.  

Consider proposing a resolution to your spouse before filing

There exists no requirement that the case must be filed before the parties discuss settlement options.  In fact, sometimes the best resolutions happen when the parties use their divorce lawyer in tampa or elsewhere to mediate a deal before the courts get involved.  These agreements are contracts, and are binding in court.  

Hopefully these five quick tips will help you as you begin your divorce matter. One should always contact an attorney at the outset to clarify what rights and responsibilities you have in your divorce matter.


Name: christian denmon
Email: christian@denmonlaw.com
 
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