What to Do Before You File for Divorce in Florida
Short answer: Before filing for divorce in Florida, gather your financial records, confirm you meet the six-month residency rule, protect your access to money and documents, and think through a temporary plan for the children. What you do in these weeks often shapes the outcome more than anything said in court.
Most people spend months deciding whether to divorce and only days preparing for it. That gap is where avoidable problems start: missing records, an emptied account, a social media post that shows up later as an exhibit. A little preparation before anything is filed puts you in a steadier position for everything that follows.
Confirm you can file in Florida
Florida requires that at least one spouse has lived in the state for six months before the petition is filed. Residency is usually proven with a Florida driver's license, voter registration or a witness affidavit. If you recently moved to Brevard County, count the months carefully before you file, because a petition filed too early can be dismissed.
Florida is a no-fault state. You do not have to prove misconduct; you only need to state that the marriage is irretrievably broken. That said, conduct such as spending marital money on an affair can still matter when property and support are divided.
Gather the financial picture
Florida's mandatory disclosure rules require both spouses to exchange financial documents early in the case. Collecting them now saves time and money and helps you spot anything unusual while you still have easy access.
- Three years of tax returns, plus recent pay stubs or business income records
- Statements for every bank, retirement, brokerage and credit card account
- Mortgage statements, deeds, vehicle titles and loan balances
- Health, life and auto insurance policies
- A list of monthly household expenses, including the children's costs
Good to know: Make copies, not changes. Photograph or download records, but do not move large sums, close joint accounts or hide assets. Courts can unwind those moves and often hold them against the person who made them.
Protect yourself without escalating
Open an individual bank account for your own paycheck going forward, change passwords on personal email and phone accounts, and keep important documents somewhere your spouse cannot reach. Avoid posting about the relationship, your finances or a new partner on social media. Anything you put in writing, including texts, can be shown to a judge.
If you are worried about your safety or your children's safety, that changes the order of things. A domestic violence injunction can be requested before, during or without a divorce, and it can address temporary custody and the use of the home.
Think about the children first
Florida courts expect parents to build a parenting plan covering the time-sharing schedule, school, holidays and how decisions get made. Before you file, consider what a realistic schedule looks like for your family and how the children will hear the news. Judges in the 18th Judicial Circuit notice which parent keeps the children's routine steady.
A practical order of operations
- Talk to a family lawyer. A consultation before filing helps you understand your likely rights to property, support and time-sharing, and which documents matter most.
- Collect and copy records. Build a folder with the financial documents above, stored somewhere private.
- Map your budget. Know what it costs to run two households so temporary support requests are grounded in real numbers.
- Decide on a first approach. Some couples can negotiate or mediate from the start; others need to file first. Your lawyer can help you choose.
- File or respond. The petition is filed with the Brevard County Clerk, and the case moves into disclosure and, usually, mediation.
When to talk to a lawyer
The best time is before you file or before you sign anything, including a mediated agreement or a document your spouse's attorney prepared. Heather Harris Law handles divorce cases throughout Brevard County from the Merritt Island office, and a short conversation now can prevent expensive corrections later.
Frequently asked questions
How long do I have to live in Florida before filing for divorce?
At least one spouse must have lived in Florida for six months before the divorce petition is filed. Residency is usually shown with a Florida driver's license, voter registration or a witness affidavit.
Should I move out of the house before filing?
Not without advice first. Leaving can affect temporary time-sharing and your access to records. If there is a safety concern, a court can address use of the home through an injunction or temporary order.
Can I take money from a joint account before filing?
Taking a reasonable amount for living expenses is different from draining an account. Large withdrawals or hidden transfers are usually discovered in mandatory disclosure and can be held against you.
Heather Harris Law, 650 South Courtenay Parkway, Suite 101, Merritt Island, FL 32952. Call (321) 452-7055. Heather Harris spent thirteen years as an Assistant State Attorney before opening her practice and is licensed in Florida and Alabama. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.