Is Florida an equal distribution state?

Is Florida an equal distribution state?

As opposed to community property states Florida is an equitable distribution jurisdiction. That means we start with a presumption of a 50/50 split but then apply hundreds of rules in an effort to make the division more fair.

What does equitable distribution mean in a divorce?

Equitable distribution is a legal theory whereby marital property is distributed equitably in a divorce proceeding. Property assets are classified as either separate property or marital property. If willing and without dispute, parties to a divorce can decide how to allocate assets and debts without a third-party.

Can divorce be settled out of court?

It’s possible, either through dispute resolution methods like mediation or by negotiating on your own, to settle out of court and come up with a fair divorce settlement without a verdict from a judge. Once you and your spouse agree on the conditions of the divorce, the dissolution process is simple.

What’s a fair divorce settlement?

A fair settlement must identify marital property and separate property. If one spouse owned property or assets prior to the marriage, and those assets haven’t been commingled, that spouse should receive that property in the divorce settlement. An inheritance or gift received by one spouse is also separate property.

Can you get a divorce without a financial settlement?

The only way to avoid a financial claim being made against you after a divorce is with a Court Order. Like a Clean Break Order, once this has been made legally-binding by the Court, your ex-spouse will not be able to pursue a financial claim against you.

Can a divorce be finalized without a settlement?

You can resolve a divorce without a settlement by going to trial. Simply do what is required — exchange declarations of disclosure, attend status conferences, request a trial date, advise the Court of the other parties’ noncompliance, file an OSC…

Does reason for divorce affect settlement?

In nearly all cases, the reasons for the divorce are not relevant when deciding how the marital assets should be divided. The court doesn’t look to apportion blame or penalise either party, save in very unusual circumstances.

What is final divorce agreement?

A final decree of divorce is the court’s formal order granting a termination of a marriage. If the case goes to trial and the judge issues a judgment, the judgment is confirmed when the decree is signed and dated by the judge and court clerk.