Are there Advantages to Being the Spouse that Files the Divorce Petition in Florida?
Preparing for a divorce in Florida? You may be considering stepping forward and filing the divorce petition. This raises an important question: Are there any benefits to being the spouse who files for divorce first? In Florida, the answer is “it depends.” While there are technically not direct advantages, there can be some side benefits. Here, our Boca Raton divorce lawyer highlights the key things to know about being the spouse that files for divorce first in Florida.
What is a Divorce Petition?
Broadly explained, a divorce petition (a Petition for Dissolution of Marriage) is the legal document that starts the case. It identifies the parties, confirms Florida residency, and states whether the marriage is irretrievably broken. The petition also sets out requests for relief. Among other things, the key issues that may be addressed in the petition include property division (equitable distribution), alimony, parental responsibility, time-sharing, and child support.
The Potential Advantages of Filing for Divorce First in Florida
Filing first does not change the legal standards the court applies. Judges in Florida still evaluate property division, support, and parenting issues under the same statutes regardless of who initiated the case. Still, filing can offer side benefits. The potential benefits include:
- Venue: Venue selection matters when spouses live in different counties. The filing spouse generally chooses the county. Though, they need to comply with Florida’s residency rule (Florida Statute § 61.021). Still, this could be an issue if you and your spouse currently live in different counties.
- Timing: Timing also matters. Filing allows a spouse to prepare financial disclosures, gather records, and consult experts before deadlines apply to both sides. If timing is important to you in your divorce case, there may be advantages to taking control and filing the petition.
- Set the Tone: Finally, if there are contested issues in your divorce case, the divorce petition can go a long wait towards setting the tone in your case. Indeed, the petition sets the initial tone and scope of disputed issues. In contested cases, that early framing can influence negotiations and case management.
Couples in Florida Can Effectively File for an Uncontested Divorce Together
Many Florida divorces proceed without strategic filing disputes. Spouses who agree on property, support, and parenting can file an uncontested divorce together. Most divorces in Florida are uncontested divorce. Couples can work out all their family law issues and reach an agreement (settlement) before any divorce petition is actually filed. An experienced Boca Raton, FL uncontested divorce attorney can help you negotiate a solution.
Call Our Boca Raton, FL Divorce Lawyer Today
At Williams & Varsegi, LLC, our Boca Raton divorce attorney is a knowledgeable, experienced advocate for clients. If you have any questions or concerns about the divorce process, we can help. Contact our family law firm today for a completely confidential, no obligation initial consultation. With an office in Boca Raton, we serve communities throughout all of Southeast Florida.
