Divorce in Jacksonville, Florida
While every divorce is unique, there are common mistakes that can make things even harder than they need to be. This page is here to help you avoid those pitfalls. There are mistakes you can avoid so you get through your divorce with fewer regrets and more confidence in the decisions you make.
Florida’s divorce rate stands at 3.4 per 1,000 people divorcing per year, making it one of the highest divorce rates in the United States. Specifically, Florida ranks fifth in the nation, surpassed only by Nevada, Alabama, Arkansas, and Oklahoma. [1]
Ten Mistakes to Avoid in a Jacksonville Divorce
If you are facing a Jacksonville divorce, watch for and avoid the following mistakes:
1. Not Being Familiar with Florida’s Divorce Laws
As mentioned above, Florida is a no-fault divorce state. This means that if your spouse doesn’t want to be in the marriage, no burden of proof will fall on him or her. Long court battles tearing down the other partner will be unnecessary, and divorce proceedings may move and resolve very quickly.
2. Neglecting Parental Responsibilities
When you have young kids and are going through a divorce, figuring out who takes care of them is a big deal. A common slip-up is not making a solid, agreed-upon plan for how both parents will spend time with the kids and share responsibility.
You and your ex need to work together to ensure the kids have a good place to live and a steady routine. Florida courts usually think it’s a good idea for both parents to share these duties. This is only true if the child is safe with both parents.
3. Not Being Honest About Assets
When people go through a divorce, both partners have to tell each other everything they own, like money, houses, and cars. But sometimes, one partner might not tell the truth about everything they have. Maybe they forget, or maybe they’re trying to keep some things to themselves.
This can happen a lot when people have a lot of money or own a business. If someone lies about what they own, they could get into big trouble. This is called perjury and can lead to a misdemeanor charge, fines, and imprisonment. [2]
4. Asset Division
When you’re going through a divorce in Jacksonville, anything you and your spouse own together has to be divided. This includes houses, bank accounts, and investments. But “fair” doesn’t always mean splitting everything down the middle. The court looks at different things, like how much each person added to the marriage or their money situation.
If you don’t carefully figure out everything you own together, you might end up with a deal that isn’t so great for you. Also, it’s important to separate your belongings according to what you owned before you got married.
5. Neglecting The Importance of Legal Representation
A big mistake people often make when getting a divorce is not getting help from a good Jacksonville divorce lawyer. A lawyer can really help you through the legal stuff, making sure all the right papers are filed and looking out for your rights and interests the whole time.
6. Neglecting to Mention Domestic Abuse
If you or your kids have faced domestic violence or abuse during your marriage, it’s really important to address these problems when getting a divorce. Florida courts take abuse very seriously. They will always put the safety of the spouse and children who were hurt first.
7. Not Considering Alimony and Child Support
When a marriage ends, one spouse might get alimony, which is money paid to help them out. How much and if alimony becomes part of the divorce depends on things like how long the marriage lasted and how much money each person has.
Sometimes, if the marriage was short, alimony might not be given. But this isn’t a hard rule—each case is different.
Child support is determined based on state rules, which consider income and the number of children. If money matters aren’t sorted out, they could cause problems after the divorce.
8. Hurrying The Divorce Process
Going through a divorce can really take a lot out of you, and it’s normal to want to get it done fast. But if you rush through big decisions or settle too quickly, you might end up with results that don’t turn out right for you. It’s a good idea to sit down with your divorce lawyer and really think through what each choice might mean.
If you move too fast, you might end up with a final decision that doesn’t split things fairly or give you the money you should get.
9. Not Taking Emotions into Account
Divorce isn’t just about proceeding through the legal process; it is also a tough time emotionally. Taking care of how you feel is important, and getting help from a therapist or counselor can make it easier to handle the transition. This way, you can think more clearly when making choices.
10. Rejecting Mediation
In Jacksonville, couples don’t always have to go to court to get a divorce. Mediation can be a good option for couples that are entering into a divorce and feel they are capable of coming to agreements about finances and children with support.
If you want to file for divorce in Jacksonville, contact the divorce attorneys at Sacks and Sacks for a free consultation.
FAQs
Q. What are common mistakes to avoid during a Jacksonville divorce?
Common mistakes to avoid during a Jacksonville divorce include:
- Failing to understand the implications of child custody and support arrangements
- Neglecting to document all assets and debts accurately
- Posting on social media about the divorce
Q. What financial mistakes should I be aware of when going through a divorce in Jacksonville?
One common mistake is failing to understand that undervaluing property or debts can lead to an unfair settlement. Neglecting to consider the tax implications of asset division, such as capital gains tax on property sales or tax consequences of retirement account distributions, can also complicate financial situations.
Q. How can communication errors with my spouse affect the divorce process in Jacksonville?
Poor communication may result in ineffective negotiation of asset division, child custody, and support arrangements.
Sources:
[1] Divorce Rate in Florida | The Latest Statistics [Updated 2024]. (2024b, March 15). https://divorce.com/blog/divorce-rate-florida/
[2] Hidden Assets & Your Legal Rights in Divorce. (2023, October 18). Justia. https://www.justia.com/family/divorce/dividing-money-and-property/hidden-assets/
