Finances are something many unhappily married couples consider before making the drastic step to end their marriage. Sometimes completely miserable couples stay together solely because it would not be a safe or smart move financially to end the marriage.

In Florida, many couples who have been hit hard by the unemployment and foreclosure crisis are choosing to stay in unhappy marriages out of fear they will not have the financial security they need for independent life. Furthermore, because Florida is an equitable distribution state, martial property, including marital debt, will be divided between the spouses. If one or both people in the marriage has accumulated debt, they may hesitate to file for divorce out of concern over how that debt will be dealt with. Another reason a couple may choose not to divorce during a recession is because they would not be able to afford alimony or child support payments.

If you are considering filing for divorce, it’s a good idea to speak with an attorney before you discuss the divorce with your spouse. There are several things that could cause problems if you proceed with divorce arrangements before actually speaking with an attorney, such as:

• When one spouse learns the other wants to file for divorce, someone is likely to move out.  However, moving out may compromise a person’s rights to the house. 

• A couple may begin dividing property, assets, investments, cash, etc.  However, there could be ramifications to this, as tax laws and property values could affect the equitable distribution of property, leaving one spouse with much less than the other. 

• If infidelity led to the divorce, the person engaged in the affair may want to maintain his/her relationship or move in together. If this situation sounds familiar, you should speak with an experienced divorce lawyer before moving in.  In fact, you may even want to refrain from dating until your divorce has been finalized.  Not only could this upset your former spouse, making it difficult to resolve the divorce, but it could affect how parenting plans, time sharing, and alimony are resolved.

These types of repercussions aren’t usually known by anyone other than divorce lawyers, which is why it’s best to consult an attorney before asking for a divorce.  If fact, consulting an attorney before you speak to your spouse could make the difference between an amicable divorce with fair outcomes or a contested divorce that could take months, if not a year or longer to settle.

If you are interested in speaking with an experienced Jacksonville divorce attorney, please feel free to contact the Law Office of Scott Ellerin today!