In the State of Florida, Marital property includes all assets and debts incurred during the course of a marriage. Non-marital property includes assets and debt acquired prior the marriage. While Florida is not a community property state, under specific circumstances, certain property and assets may be subject to the equitable distribution (or division) when a marriage comes to an end.
When the division of marital property is being determined, the State of Florida uses a process known as Equitable Distribution. In this process the court will consider the financial situation of each spouse to determine what percentage of the couple's property each one receives. What this means is that in Florida the 50% rule is not the determining factor, but what is fair and reasonable based on various factors of the marriage.
It is important to note that if accusations of abuse or infidelity are raised during the course of a divorce, evidence of the accusations must be substantiated to the court. If claims of abuse or infidelity are brought to the courts attention without evidence to support the claims, it can actually work against you as the court may consider unsubstantiated claims as an attempt to unnecessarily discredit the other spouse for personal gain, to gain favor with the court, or to "stick it to your spouse" in a divorce.
It is often in the best interest of those going through a divorce to utilize the advice and representation of experienced legal counsel. The attorney you choose to represent you may provide you the best opportunity to resolve marital property and other divorce issues through mediation.
Being able to amicable resolve marital property and other divorce issues may be extremely beneficial as successful mediation typically takes the variable of the court making rulings on various issues on your behalf out of the equation.
When you must address legal issues relating to equitable distribution of marital property, divorce or other family law issues or disputes, we urge you to be proactive in ensuring your legal rights are protected and that you are treated fairly.
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