Deciding to end a marriage is never easy, and once that decision is made, the steps you take before filing can significantly shape your financial security, your peace of mind, and your future. Whether your divorce is amicable or contested, going in prepared is one of the most important things you can do for yourself.
You’re not alone in this. An estimated 41% of first marriages in the U.S. end in divorce, and hundreds of thousands of couples navigate the process every year. What often separates a smoother divorce from a more painful one isn’t the circumstances — it’s the preparation.
At the Law Offices of Joseph M. Corey, Jr., P.A., our family law team has guided clients through divorce proceedings in Miami-Dade, Broward, Monroe, and Palm Beach Counties for over 40 years. In that time, we’ve seen firsthand how being organized and informed from the start leads to smoother outcomes — and fewer costly surprises down the road.
This checklist is designed to help you take practical, proactive steps before you file, so you can protect your rights and move forward with clarity and confidence.
Start With an Honest Look at Your Finances Before the Divorce Process Begins
Don’t estimate. Before you move forward with anything else, sit down and gather your financial documents — the actual ones. That means pulling the tax returns you filed for the last two or three years. It means collecting your bank statements for every account you own, jointly or individually. It also means collecting statements and records tied to mortgages, retirement accounts, investments, and other major financial assets. If you and your spouse share accounts, make copies of those as well. Once divorce proceedings have been filed, you may find it difficult to obtain copies of these documents. Get them while you can.
Also, get a copy of your credit report while you’re at it. You may be surprised by what it says. There are many cases where people have found out they have a debt in their name they didn’t know about, or an account they never used. It’s better to know what’s there than to find out in court.
Locate and Organize Important Documents to Prepare for the Divorce Process
The divorce process is difficult enough — you don’t want to waste time and energy searching for important documents. Organize them before any paperwork is submitted.
Gather the following:
- Marriage certificate
- Deed or mortgage documents for the house you live in and any other properties
- Car titles
- Insurance policies — life insurance, health insurance, auto insurance, home insurance
- Documents for retirement plans and investment accounts
- Any business ownership documents (if applicable)
- Any prenup or postnup agreements
Keep them in a secure place where they cannot be accessed or misplaced by anyone else. That could mean a safe deposit box in your name only, or a spot a trusted friend keeps for you. Just be sure to keep the documents where you can reach them easily.
Understand What You and Your Spouse Are Actually Dividing
Florida is an equitable distribution state. That means your assets and debts are to be divided in a fair way. What does that mean exactly? In simple terms, marital property includes assets and debts that were acquired during the time you were married. So if you brought assets with you when you got married, or received assets as a gift or inheritance, those will not be part of the marital estate and will not be divided by the judge. However, if there has been commingling with marital property (which is quite common), you’ll need expert legal advice. Property division in a Florida divorce can be far more complex than many people expect, so take the time to gather the documents that show what’s yours so it can be protected.
Think Through Custody and Child Support Before Filing
It may be the most challenging part if you have children: custody (referred to as parenting time in Florida) and child support are typically among the most contested issues in a divorce. Take your time before filing to determine what you want your parenting plan to include. Think through details like who will pick the kids up from school, where the kids will spend holidays, and which parent will be better able to provide a stable environment in the near future. These are the same issues the court will likely consider during the case. In Florida, child support is determined by both parents’ incomes, the amount of time each parent spends with the children, and expenses like health insurance and childcare. Gather documentation on your income early, because your income has a direct impact on child support amounts.
Protect Your Credit, Bank Accounts, and Insurance Policies
Your finances can easily take a serious hit before a divorce is even settled. The other spouse can max out your joint credit cards, withdraw money from a savings account, or let utility bills slip through the cracks. That’s why you should speak with your bank as early as possible about your shared accounts. It may not be possible to close these accounts before your spouse files for divorce, but you can monitor them and, in some cases, restrict withdrawals. If you don’t yet have a credit card in your own name, start building your own credit. You might apply for a personal loan or credit card. After the divorce is settled, your financial stability after divorce may depend heavily on the credit you maintain during the process. If you’re able, update your beneficiary designations on your retirement accounts and life insurance policies. Keep an eye on the status of your health as well as that of your children and auto insurance.
Find the Right Family Law Attorney Before Things Fall Apart
Perhaps one of the most harmful things that spouses can do in a divorce situation is to wait until after the divorce has been filed to meet with an attorney. By then, many will have taken steps (for good or bad) that may be difficult to come back from. By consulting with an attorney in advance, you can have a clearer understanding of what you may be entering into, with all of the details of your specific family dynamics laid out before you. An uncontested divorce occurs when all the terms of the divorce are agreed to by both parties; a contested divorce happens when one party isn’t in agreement with the terms of the divorce. What documents you collect, how you handle communication, and the decisions you make can determine whether your divorce remains uncontested or becomes contested.
Moreover, the knowledge of what to search for in a divorce attorney will help you avoid coming across an attorney who isn’t experienced in the type of case that you have.
Joseph M. Corey, Jr. has been practicing family law in Miami-Dade, Broward, Palm Beach, and Monroe Counties since the early 1980s, handling cases involving both domestic and international family law.
If Domestic Violence Is Involved, Ask for Help Right Away
In this instance, your case will require a different plan and a different kind of checklist. Your priority has to be safety. Fortunately, the system is equipped to handle this problem.
Florida courts can issue restraining orders (also called injunctions for protection) relatively quickly when necessary. It’s not necessary to retain an attorney, though doing so would help in many ways. The best thing you can do, if you think you’ll have to leave home and your life is in danger, is to have an actual plan: Where are you going? Who are you calling? What are you taking? And keep all your critical records with you — documents, medications, money, anything important that will allow you to live your life until you figure out your next steps.
Our domestic violence practice handles both civil and criminal cases, and the firm is bilingual. That removes a real barrier for Spanish-speaking people, for whom domestic violence can already feel overwhelming.
Schedule a Consultation Before You File Anything
Florida family law is very specific. Residency rules are particular. Spousal support has its own rules and formulas. Custody takes a different amount of time to process. If you do any of these things incorrectly, or fail to take some necessary steps at all, you can lose years — along with your money and your options.
If a divorce can leave you in the worst shape financially and emotionally, then getting legal advice from someone who really understands how the system works — before you file — can make all the difference between protecting your future and facing unnecessary financial or emotional hardship.
Joseph Corey’s office is located at 900 W. 49th St., Suite 204, in Hialeah. If you need the help of an attorney, contact us to set up a consultation, and our team will give you a straight answer on where you stand, what your options are, and what the best way forward is for you.