Divorce is often a blindside. One day, you’re building a life; the next, you’re trying to untangle it. For Florida men facing this change, the earliest steps you take are the most important.
Allowing a difficult emotional situation to lead to costly errors can have long-term, irreversible impacts on your finances and your future with your children. Here are four critical missteps to avoid.
Leaving the marital home without a plan
Leaving the marital home without a formal agreement can weaken your ability to gain temporary exclusive use and possession later and may be cited as a factor against you, especially concerning the stability of the children.
However, it does not forfeit your ownership interest in the home as a marital asset. Always consult your attorney before taking any drastic steps. Create a structured, written agreement for separation or temporary home use before you pack a single box.
Making extreme financial moves
In the heat of the moment, it’s tempting to drain joint accounts or cancel shared credit cards. Do not do this. Unlike some states, Florida does not have a statewide automatic temporary restraining order (ATRO) that goes into effect upon filing for divorce.
Spouses concerned about the dissipation of assets must file a specific motion for a temporary injunction, which the court may grant based on the requirements of the Florida Statutes or based on the local rules of the specific circuit.
These motions and orders typically prevent either party from unilaterally selling, hiding, or radically changing shared assets. It’s essential to consult your lawyer about properly establishing separate operating funds. Also, document the exact balances of all joint accounts before making any changes.
Mismanaging social media and digital communication
Your frustrations may be entirely valid, but keep them private. Venting on Facebook, badmouthing your spouse in texts, or posting reckless photos creates a dangerous digital footprint.
Every written word or image may be admissible and could be used in court proceedings, particularly if it is relevant to marital issues like parental fitness or financial integrity. Always remember:
- Social media posts often become evidence used against you
- Texts and emails are easily retrieved
All digital communication should be treated as potentially public. So, keep all essential communication brief, factual and focused only on the issue at hand.
Not securing and organizing critical documents
The biggest self-sabotage is failing to immediately gather essential financial and legal paperwork. These documents include copies of bank statements, tax returns, insurance policies and retirement account statements.
Failing to secure these copies causes significant delays and can drive up the expense of the discovery process later on. Start a secure, detailed file right away. Gather copies of:
- Tax returns from the last three years
- Bank and investment statements
- Titles to vehicles and property
Early preparation helps streamline the process and sets the stage for your divorce outcome. The complexity of these initial moves underscores the importance of consulting a skilled Florida divorce attorney.