7 Things To Consider Before Filing for a Divorce

September 28, 2022 Off By Delores V. Stalnaker

7 Things To Consider Before Filing for a Divorce

Anybody who has gone through a divorce will say the same thing:

It’s tough, emotionally traumatic for everyone involved, and expensive.

Thus, you must not rush your decision if you are contemplating severing marital ties with your spouse. In fact, the longer you put off the decision, the better off you and your family will be. The only exception would probably be a case where domestic violence is your reason for seeking a divorce.

Before calling your Jacksonville Beach divorce lawyer, you must take a long hard look at several aspects of your marriage. There are seven things to consider before you push through with your divorce’s finalization.

Here are the seven things you must consider before you file for divorce:

1. Are You and Your Spouse Willing To Work on Your Marriage?

Before considering divorce, look into areas of your marriage you and your spouse can address or improve. You might find it easier to resolve marital issues before considering an expensive, lengthy, and emotionally traumatic divorce.

Only consider divorce when maintaining your marriage is untenable (or if your reason for filing is domestic abuse or violence).

2. A Mutual Willingness To Discuss Arrangements

Granted, you and your spouse are considering divorce because there is something wrong with the marriage. However, this doesn’t mean neither of you can discuss matters amicably.

Your willingness to arrive at beneficial settlements can open up several options for your divorce. One is mediation. Mediation can allow you and your spouse to settle matters related to child custody and alimony. This way, you and your spouse can control the outcome of your divorce.

In short, see if you and your spouse are willing to discuss ways to settle matters related to your divorce. Do this before you push through with finalizing your divorce.

3. Joint Assets and Liabilities

One of the factors that can dictate the simplicity or complexity of your divorce proceedings is any joint asset or liability. A joint asset can be a shared bank account or investment account. It can also be a property listed under you and your spouse’s names.

During the divorce proceedings, the court can award the assets based on contributions. Of course, you are free to discuss alternative ways to divide up these assets during divorce mediation.

Liabilities will also be up for discussion during your divorce. Unlike with assets, you and your spouse will share outstanding loan obligations even after the courts finalize your divorce. Both of you must continue to pay any loans you have taken out in your marriage.

4. Any Income Difference Between You and Your Spouse

The differences in income can give way to an alimony request. In Florida, spouses can make an alimony request, and the courts determine the amount based on the requesting spouse’s need.

Courts evaluate the requesting spouse’s needs based on several criteria. One of them is income. The courts can grant a spouse’s alimony request if the court finds that the requesting spouse’s income does not suffice.

In short, you can request alimony if your income cannot sustain a liveable lifestyle. On the other hand, you may be the one paying alimony if you earn more than your spouse.

5. Living Arrangements

One of the decisions you must make during a divorce is whether to stay or move out of your home.

Staying in your home is a practical choice, especially before the finalization of your divorce. However, the decision has psychological and emotional ramifications attached to it. More specifically, you may find it awkward living with a person with whom you will part ways after proceedings.

You can also move out. Although the awkwardness of living with your soon-to-be ex-spouse will not exist, your finances could suffer.

Both decisions involving your living arrangements have pros and cons. It’s best to take a step back, make a judgment call, and seek the counsel of a Jacksonville Beach divorce lawyer.

6. Child Custody

The courts will award child custody rights to you or your spouse, depending on who is fit to care for the children.

The deliberation can take a long time but can be shorter with mediation. One thing is for sure — child custody deliberations are emotionally traumatic for the whole family, even with mediation.

7. Costs

Florida is one of the most expensive states for divorces. Recent statistics show that a simple divorce costs around $13,500, and this figure is for a couple with no children. If you have children, you are looking at $23,000 in legal and filing fees.

Let’s also not forget that you may have to pay alimony or child support depending on the court’s decision.

Let a Divorce Lawyer Guide You

There’s certainly a lot to consider before you file a divorce. Such a decision can significantly impact you and your family. For this reason, you should not go through it alone.

We are here for you during this challenging time of your life. Allow us to guide and represent you. Reach out now if you need a Jacksonville Beach divorce lawyer who understands you and will put your interests first.