For a lot of people, the end of the year is when a hard decision finally becomes clear. Maybe you’ve been holding things together through the holidays for the kids. Maybe you’ve known for a while and just needed the new year to feel like a real starting point.
If you’re thinking about filing for divorce in Florida, you don’t have to have every answer right now. What helps most is knowing the steps before you take them. Joseph Zager has practiced family law in South Florida for more than 27 years and has seen how much smoother the process can be when people prepare before filing.
This guide walks through what ZAGERLAW, P.A. shares with people across Broward and Palm Beach counties who are just starting to think this through.
This article is general information, not legal advice. Every family’s situation is different. For advice about your own case, speak with a Florida family law attorney.
The “Before You File” Roadmap
1. Understand that Florida is a no-fault state
In Florida, you don’t have to prove that anyone did anything wrong. The main ground for divorce is that the marriage is “irretrievably broken.” That means the court isn’t there to decide who’s to blame. It’s there to help resolve property, support and, if you have children, a plan for parenting. Knowing this takes some of the fear out of the first conversation.
2. Check the residency requirement
At least one spouse must have lived in Florida for at least six months right before the divorce is filed. It only has to be one of you. If you’ve recently moved here, this can affect when you’re able to file, so it’s worth confirming early.
3. Think about timing, especially for the kids
There’s rarely a perfect time, but there are gentler ones. Many parents choose to wait until after the holidays to file so the season stays as normal as possible for their children. Others need to move sooner for safety or financial reasons, and that’s valid too. Whatever you decide, think about how and when the kids will hear the news, and try to have that conversation together if you can.
4. Start gathering your financial documents
Florida divorces involve a financial affidavit and an exchange of financial information between spouses. The more organized you are before you file, the smoother (and usually less expensive) the process tends to be. The checklist below covers the basics.
5. Start thinking about a parenting plan
If you have minor children, Florida requires a parenting plan. It covers how time is shared, how decisions about school and health care get made, and how parents will communicate. You don’t need to write it alone or finish it before filing. But thinking about your kids’ routines now, like school, activities and holidays, makes the process easier later.
6. Learn how mediation fits in
Florida courts generally expect contested family cases to go through mediation before trial, and that’s common practice in Broward and Palm Beach. Mediation is a private, structured conversation where a neutral mediator helps both sides reach agreements. Joseph Zager is a Florida Supreme Court Certified Family Mediator, so ZAGERLAW understands this process from both sides of the table. For many families, mediation is faster, more private and far less painful than fighting it out in court.
Remember: mediation doesn’t take away your right to go to court. If you can’t reach an agreement together, you can still take the case to court.
7. Protect yourself, quietly and responsibly
Keep copies of important records somewhere safe. Change passwords on personal email and accounts that belong only to you. Avoid big financial moves, like draining accounts or running up credit cards, that could look bad later. And be careful what you post on social media. When in doubt, ask before you act.
8. Talk to a family law attorney before you file
A consultation isn’t a commitment to divorce. It’s a chance to understand your options, your timeline and what to expect. Some people learn that an uncontested divorce or mediation is realistic. Others learn they need to protect themselves more carefully. Either way, you’ll leave with a clearer picture.
At ZAGERLAW, P.A., we understand that every family situation is different. Our team helps clients explore their options and understand the next steps with clarity, care and guidance throughout the process.
Your Document Checklist
Start a folder, paper or digital, and gather what you can. You don’t need everything before your first consultation.
| Category | What to gather |
|---|---|
| Income | Recent pay stubs, W-2s or 1099s, business income records if self-employed |
| Taxes | Federal tax returns for the last few years |
| Banking | Statements for checking, savings and any joint accounts |
| Retirement and investments | 401(k), IRA, pension and brokerage statements |
| Real estate | Deeds, mortgage statements, property tax bills |
| Debts | Credit card statements, car loans, student loans, personal loans |
| Insurance | Health, life, auto and homeowners policies |
| Vehicles | Titles, loan or lease paperwork |
| Children | School schedules, activity calendars, child care and medical costs |
| Monthly budget | A realistic list of your household’s regular expenses |
| Agreements | Any prenuptial or postnuptial agreement |
If some of this is hard to get because your spouse handles the finances, don’t panic. That’s common, and there are ways to get the information during the process.
What About the Cost?
Worrying about cost keeps a lot of people stuck. ZAGERLAW offers free consultations, and LawPay financing is available to help make representation more manageable. Choosing mediation where it’s appropriate can also help keep costs down.
Frequently Asked Questions
How long do you have to live in Florida to file for divorce?
At least one spouse must have lived in Florida for six months immediately before filing.
Do I have to prove fault to get divorced in Florida?
No. Florida is a no-fault state, and the main ground is that the marriage is irretrievably broken.
Is mediation required in a Florida divorce?
Florida courts generally require mediation in contested family cases before trial. An attorney can explain what your local court expects.
Should I wait until after the holidays to file for divorce?
Many parents do, to keep the season steady for their kids. The right timing depends on your family, your finances and your safety.
What should I bring to a divorce consultation?
Bring whatever financial documents you can easily get, a list of your questions and your goals for your children and your future.
A Fresh Start, With Someone in Your Corner
Joseph Zager and the ZAGERLAW team are here to listen and help you understand your options with care, here in Fort Lauderdale and for families across Broward and Palm Beach counties. If you’re thinking about a fresh start in the new year, we’d be glad to talk it through with you in a free, confidential consultation, with no pressure and no rush.
Follow us on Instagram at @zagerlaw so we can share our updates with you and you can be part of our community.
Call ZAGERLAW for a free consultation: 954-888-8170
Learn about family law and mediation services.
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The information in this article is general and educational. It isn’t legal advice and doesn’t create an attorney-client relationship.