Will the court allow this? Yes, the court will probably approve your agreement. The court will generally approve an agreement on property settlement, even if it is not an even split.
How is Property Divided in a Florida Divorce? | Law Office of Dan Policastro
However, you may want to state in your agreement the reason why the two of you agree to an uneven split of the property. Indiana Legal Services uses the law to fight poverty, empower clients, and improve access to justice.
- How is Property Divided in a Florida Divorce?.
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Topics Family Issues Divorce. I want to get a divorce. How will the court divide our property?
What Is Marital Property In Florida?
What is marital property? When might a court give one spouse more property than the other spouse? Last revised: LSC Code: Print PDF Scan.
The spouse who files the form is the petitioner, and the other spouse is the respondent. After the form is filed, the petitioner must give a copy to the respondent. This is known as serving the divorce papers. If your spouse agrees to the divorce, he or she can accept the service of the papers. The spouse will then need to fill out and file a different form called an Answer and Waiver of Service, which must be signed and notarized before it is filed. Matters may become more complicated if your spouse will not accept the service of the divorce papers.
In this case, you can get the sheriff from the county in which your spouse resides to serve the papers to your spouse. This is done by paying to place an ad in a local newspaper assuming you can find one in the area where your spouse lives to alert your spouse that you are serving them with divorce.
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Within 45 days of filing your petition, Florida requires you to turn over a signed financial affidavit. This involves disclosing information about your finances, including:. Mediation may be ordered after you file for divorce. During this process, a third party will attempt to help you and your spouse come to a divorce agreement without involving the court.
Each side will present evidence and call witnesses, and a judge will make the final decision on all contested issues. Some divorces may be eligible for a simplified dissolution of marriage. This option does not require a financial disclosure and attorneys may not be necessary. To qualify for a simplified dissolution of marriage, you must meet the following criteria:.
Divorce Laws in Florida
During a divorce proceeding in Florida, the court only divides marital assets and debts. For the purposes of a Florida divorce, the court considers any assets or debts acquired during the marriage by either party as marital assets. The court does not divide separate assets, defined as property and money owned by only one of the spouses. Non-marital assets include anything that either spouse obtained before the marriage or anything that either spouse received as a gift or inheritance during the marriage.
This does not include gifts between spouses. Adding your spouse to the title of an item such as a car makes it marital property. First, the court assesses the value of non-monetary property. The court will work with the couple to determine the value of their property. Experts like appraisers or certified public accountants CPA may be consulted to determine property value.
In Florida, property must have an equitable distribution. The court may consider the following factors when making its decisions regarding property distribution:. In Florida, the court can order the non-custodial parent to pay child support to the ex-spouse.