The Affect Fl Divorce Laws and Equitable Distribution Have on the Decision to End a Broward County Marriage
Who gets the house in a divorce seems like a simple question for a client to answer. This simplicity is often linked to the status of Florida as an equitable distribution state. Unfortunately, this isn’t always the case.
Although Florida is an equitable distribution state, many factors go into the division of marital property at the end of a Broward County marriage. The laws allow a divorce spouse to receive credit. Credits or set-offs are usually requested for any debts incurred due to a partial distribution of property. For example, when one party remains in the marital home. Consequently, the distribution must occur after the date of filing your divorce petition or reply with the clerk offices.
The Best Divorce Lawyer Explains the Role Florida Statute 61.075 Plays in Who Gets the House When a Client Files for Divorce in Florida
The end of a Broward County marriage can keep you from thinking clearly. As a family law attorney, I know this working application rather well. For instance, you forgot to mention that you have continued paying the mortgage or other real estate expenses for the marital home. Despite having spent the past six months on your parent’s couch. All while your Broward County marriage is falling apart. An experience you are fairly certain will result in a mild case of PTSD according to your fervent online searches.
I hate to contribute to the possibility of further psychoses. But I want to be clear about who gets the house in a divorce in an equitable distribution state.
Credits must be specifically pled with the clerk of courts in the initial service pleading. In this case, even if you ask you may not receive. Under Fl divorce laws, the party located in this state who seeks the credit has the burden of proof. Consequently, it must be proven that the source of payment wasn’t marital funds. Furthermore, it must be shown that the money wasn’t used for marital expenses or for reasonable living expenses. This is different than the procedure followed in a community property state as they form marriage property rights differently.
As an Equitable Distribution State, The Best Divorce Lawyer will Advise that Questions Remain about the Marital Home under Fl Divorce Laws
At the end of the day, you may decide that the best answer to the question who gets the house in a divorce is no one. A Florida post marital agreement should also provide details of the community sale of the marital home. If not, the family court must consider a number of factors. One of these is a catch-all provision. This states that any other factor that would result in equity and justice may be considered. This allows a skilled family lawyer the opportunity and creative license while staying within the bounds of Fl divorce laws.
The Best Divorce Lawyers Advice? Don’t Rush the Decision of Who Gets the House in a Divorce
The decisions you make today will set the tone for this new chapter in your life. In conclusion, it’s important that you do what is necessary to best protect your interests. Especially when it comes to your most valuable asset. Ice Cube knew what he was talking about when he said check yo self before you wreck yo self.
Fl Divorce Laws and Equitable Distribution Rules to Know when Ending a Broward County Marriage
Florida Statute 61.075 deals with the equitable distribution of marital assets and liabilities. In addition, it provides several factors to be considered during the Florida financial divorce process. This framework of requirements for property distribution under Fl divorce laws include:
- Each spouse’s contribution to the Broward County marriage
- The economic circumstances of the parties.
- Duration of the Broward County marriage
- Any interruption of personal careers or educational opportunities of either party during the marriage
- The contribution of one spouse to the personal career or educational opportunity of the other
- The desirability of retaining any asset intact and free from any claim or interference by the other party
- Contribution of each spouse to the acquisition, enhancement, and production of income. Or the improvement of, or the incurring of liabilities to, both the marital and non-marital assets of the license applicants.
- The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party. This is an important one for couples who are fighting over who gets the house in a divorce.
- The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition for dissolution of marriage or within 2 years prior
- Any other factors necessary to do equity and justice between the parties
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Boca Raton Family Lawyer Practice Areas Include:
Florida Prenuptial Agreement
Post Marital Agreement
Simplified Dissolution of Marriage
High Net Worth Divorce
Florida Alimony Laws
Division of Retirement Benefits In Florida Divorce
Legal Separation Agreement
Division of Property
Dissipation of Marital Assets
Modification of Alimony Payments
Florida Modification of Child Support
Modification Of Child Custody In Florida
Florida Child Support Enforcement