Question: Is there an advantage to filing for divorce first in Florida?

Does it matter in Florida who files for divorce first?

“Since Florida is a no-fault divorce state, it does not matter which of the spouses files for divorce first,” says our experienced divorce attorney Fort Lauderdale. “When divorce papers are filed, neither party has a legal obligation to provide a cause of the dissolution of marriage.”

Is it better to be the first person to file for divorce?

Filing for divorce before your spouse allows you more control over the situation from the beginning and could provide some strategic options. Filing for divorce first does not give you any inherent rights over your spouse. … By filing first, you will be in a better position to predict when these dates will happen.

Does it make a difference who files for divorce Florida?

In Florida, as with other states, it does not usually make a major difference who files for divorce first, becoming the “petitioner.” Some attorneys suggest that it might make a difference if there are subtle inclinations of a certain judge in one Florida county over the other.

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Does it matter who files first in a divorce?

If you’re considering a divorce, you’ve likely thought about which side you want to be on – the side filing or receiving. In California, neither party has an advantage. It’s only a matter of who wants to take the first step toward the dissolution of marriage.

Who pays for a divorce in FL?

Specifically, the statute says the courts can order one side to pay the other side’s attorney’s fees in a dissolution of marriage after considering both parties’ financial resources. Courts in Florida can also order one side to pay the other person’s court costs.

What is wife entitled to in divorce in Florida?

Earning capacity and education of both parties. Contribution of each spouse to the marriage, including financial contributions. Tax treatment of both parties. Both parties’ parenting responsibilities.

Should I tell my spouse I’m filing for divorce?

Do I have to tell my spouse? No. Technically you can wait until your spouse is served with divorce papers, and have the papers do the telling. It may be considered bad form in most cases — except for abuse — not to have a conversation, however.

Who files for divorce the most?

Wives are the ones who most often file for divorce at 66 percent on average. That figure has soared to nearly 75 percent in some years.

What can be used against you in a divorce?

Anything you put in writing can be used against you and is fair game for the opposing party. However, if your ex plans to use texts or emails not directed toward them, he or she must be able to show that they had the authority to access the information.

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How do I prepare for a divorce in Florida?

Consider these 9 steps you can take to prepare for divorce.

  1. Read and Understand Divorce Proceedings in Florida. …
  2. Collect Financial Documents. …
  3. Establish Personal Credit. …
  4. Evaluate Marital Property and Joint Accounts. …
  5. Close Joint Financial Accounts. …
  6. Openly Discuss Child Custody and Child Support.

Is Florida a no alimony state?

Under Florida law, alimony is granted to a spouse and it can be awarded to bridge the gap, be rehabilitative, i.e., intended to get the person to a position where he or she can take care of expenses without assistance, durational, or permanent.

What happens in a divorce when a spouse cheats in Florida?

As Florida is a no-fault divorce state, neither spouse is legally required to prove that their partner did anything wrong to be eligible to separate. In that sense, adultery has no impact on your actual ability to get divorced. However, this does not mean that adultery is completely irrelevant to your divorce case.