Property Division In A Divorce
If you don’t work out a property division agreement beforehand, a judge will divide the property for you. As an equitable division state, Florida courts have a great deal of discretion in these matters. It does not have to divide the property equally, instead, the court decides what is fair.
The Florida court will consider numerous factors when dividing property, including the spouses’ contributions in the marriage, gifts acquired, loss and gains to non-marital (separate) property, and the financial circumstances of both parties. It will also review prenuptial or postnuptial agreements. While the court has discretion, your Florida divorce lawyer can also present evidence to support your rights to assets.
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You will need to provide financial disclosures as part of your divorce case. This is true, even if you have already submitted a divorce agreement. The judge will review these disclosures before accepting the agreement and granting the divorce.
Your South Florida divorce lawyer will help you gather the financial documents you need for this. Then, you can submit your disclosures and move that much closer to the divorce.
If you and the other party cannot come to an agreement, the divorce case will go to court. First, the judge can issue temporary orders that will go into effect while the divorce is being settled.
These orders can include temporary spousal support, temporary custody orders, and more. The judge can also have one spouse move out of the marital home.
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