When you get a divorce, there will be a division of marital property. In Florida, this property division is governed by the statutes of this state. For instance, the property will be as equitably distributed as possible, according to the court. Not only the assets but the liabilities, or debts, will also be distributed. There may be extenuating circumstances when the court looks at the assets and debts.
If you came into the marriage with certain assets, that property will stay with you alone. That also applies to an inheritance. If you have had a parent or relative die and leave you with property, that property stays with you alone. If you decide to use part of that money to upgrade your family home, that will be divided equally between you and your spouse.
The judge will look at the economic circumstances of each of you and do his or her best to divide the property equally. Also, the court will look at how long the two of you have been married. Were you a stay-at-home mom? Did you work two jobs so your wife could go to school? The judge will examine those circumstances to ensure that both spouses are dealt with as equally as possible.
Unfortunately, without an experienced attorney, you may not get what is rightfully yours. Calling on a knowledgeable, experienced attorney can ensure that your side of the story gets told. He can tell you what your legal options are.
Which one of you will have the children, if there are any? Retaining the marital home will probably go to the custodial parent, even if you have visitation rights. If it seems to be in the best interests of the child to stay in the family home, he court will do its best to make this happen. However, the family home could cost more than one parent can afford.
While the courts do try to make property division fair, it might not be what you think is fair. An attorney can ensure your voice is heard when it comes to property division.
Source: Florida Statutes, “Property division,” accessed July 06, 2015