Divorce is never just a legal process — it’s a personal, financial, and emotional turning point. And in Florida, the decisions you make early in your divorce can have long-lasting consequences for your finances, your relationship with your children, and your future.
At Hoffman, Larin & Agnetti, we’ve spent more than 40 years representing individuals and families throughout South Florida in divorce and family law matters. One thing we see repeatedly? People don’t lose ground because the law is unfair — they lose ground because of avoidable mistakes made before or during the process.
Below are the top 10 mistakes to avoid in a Florida divorce in 2026, and what you should do instead.
1. Filing for Divorce Without Legal Guidance
Many people file first and ask questions later. In Florida, filing without understanding how the law treats assets, debts, parenting issues, and support can immediately put you at a disadvantage.
Why it matters: Once certain positions are taken, they can be difficult — and expensive — to undo.
2. Assuming Everything Will Automatically Be 50/50
Florida law does not guarantee an equal division of everything. While equitable distribution often starts at 50/50, courts consider many factors, including income, contributions to the marriage, and future earning capacity.
Mistake: Relying on assumptions instead of facts.
3. Moving Out of the Marital Home Too Quickly
Leaving the marital residence without a plan can affect:
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Time-sharing with your children
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Temporary support issues
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Your negotiating leverage
How it can hurt you: In some cases, moving out can be used against you — even if it feels like the “peaceful” choice.
4. Informal Custody or Time-Sharing Agreements
Agreeing to a temporary, informal parenting arrangement without legal guidance can unintentionally set a precedent.
Florida courts often look at the “status quo.” What feels temporary may later be treated as permanent.
5. Letting Emotions Drive Legal Decisions
Divorce is emotional — but emotional decisions often lead to:
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Unnecessary litigation
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Higher legal fees
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Poor long-term outcomes
Planning, not reacting: Strategic decisions, not reactive ones, protect your future.
6. Failing to Understand Financial Disclosure Obligations
Florida requires mandatory financial disclosure in most divorce cases. Hiding assets, underreporting income, or failing to comply can result in sanctions and damage your credibility.
Just the facts: On the other hand, not understanding your spouse’s finances can leave you with far less than you’re entitled to.
7. Draining Accounts or Making Large Purchases
Unilateral financial moves — even if made out of fear — can create serious legal problems.
Courts closely scrutinize:
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Sudden withdrawals
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Unusual spending
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Transfers to friends or family
Caution: These actions often backfire.
8. Ignoring Tax Consequences
Divorce decisions can have significant tax implications, including:
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Filing status
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Asset division
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Support payments
IRS is always in the background: Failing to plan for taxes can erase the benefit of an otherwise favorable settlement.
9. Relying on Advice From Friends or the Internet
Every divorce is different. What worked for someone else — or what you read online — may not apply to your situation or Florida law.
General advice often overlooks:
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Local court practices
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Judicial discretion
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Case-specific financial or parenting issues
If they don’t have a law degree, don’t ask
10. Waiting Too Long to Get Legal Advice
Some of the most damaging mistakes happen before a divorce is even filed. Waiting until a conflict escalates often limits your options.
Early guidance allows you to:
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Protect assets and parenting rights
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Control the narrative
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Avoid unnecessary litigation
Timing is everything. Filing first can make a big difference.
Protect Yourself With the Right Information
Divorce doesn’t have to mean losing control of your future. The right preparation can save you time, money, and stress — and help you move forward with confidence.
📥 Download Our Free Divorce Mistakes Checklist
Get a clear, practical checklist outlining what to avoid — and what to do instead — before and during your Florida divorce.
📞 Book a Confidential Consultation
Our experienced family law attorneys serve clients throughout Broward County, Miami-Dade County, and the Florida Keys. We’ll help you understand your rights, avoid costly missteps, and develop a strategy tailored to your goals.
Download our free checklist + book a consultation to protect your rights.
Call our office 2305-653-5555, Text us @ 305-653-1515, Email us [email protected], or fill out the form on this page, and one of our Family Law attorneys will contact you directly.
