Under Florida divorce law, all marital property is subject to an equitable distribution. Typically, the court will divide marital property 50/50, unless there are reasons why an equal split would be inequitable (unfair).
Determining which spouse will retain the family home is often a major issue. If children are involved, judges will often grant the home to the parent with primary custody of the children but it is not a guarantee that the home will go to the spouse who has primary physical custody.
Vehicles are another area of dispute in many divorce proceedings. Contrary to common belief, vehicles and other property are not necessarily granted to the spouse who holds sole title. Even a vehicle owned by one spouse alone may still be community or marital property.
A big part of the situation is how long have you been married. If you haven’t been married that long, pretty much what you brought into the marriage is what you take back out. After you have been married for a number of years, the property is probably going to be considered marital assets and will have to be divided.
It may be difficult, but if possible, you want to “play nice”. If spouses can make a list in an amicable way, they can prevent the expensive and slow process in which a court determines distribution of assets. If somehow you can agree between the two of you on a property settlement, and as long as there are no children involved, you can file for what is called an uncontested divorce, and your attorney fees will be much lower.
If you are thinking about getting a divorce, you should talk to Steve Hair. Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.
For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.