Jacksonville Divorce Lawyer Blog

Being separated does not mean that marital funds that have been accumulated over the marriage cannot be used for mortgage payments, even if only one spouse occupies the home.

When post separation payments are made from income that has been accumulated following the separation, it is usually necessary to determine the date of classification to know if the equity from those payments is considered nonmarital or marital property once the divorce process begins.

The date of classification is the point in time when state law considers that you and your spouse are no longer acquiring marital property. It varies by state and can be:

Using the childhood reason that “everyone is doing it” as a justification for mimicking that behavior seems to be true for divorce, according to a recent study by a University of California-San Diego professor using data from a portion of the Framingham Heart Study of the 1970s.

Professor James H. Fowler says his research shows that the feelings and actions of one couple’s divorce can transfer like a virus, causing others in their social network to be at a greater risk for divorce.

Fowler and fellow researchers from Harvard and Brown University analyzed the effect of divorce on siblings and found that people with a divorced sibling are 22 percent more likely to get divorced themselves.

In Florida divorce, some marital assets can present a bigger challenge when it comes to determining how they are divided. For example, traditional pension plans cannot usually be divided immediately, and divorcing spouses who have executive pay packages that may involve contingency benefits like deferred stock options can complicate the asset division process.

A Florida divorce attorney with access to the right financial resources can assist you when it comes to complex asset division. Using professionals like forensic accountants and business valuators can help identify the true value of marital assets and debts.

For example, if a spouse has a traditional pension plan that cannot be divided until they reach retirement age, your Florida divorce lawyer will likely recommend a qualified domestic relations order (QDRO) that will outline how this asset will be divided once it becomes available.

Under Florida Statute § 61.052(1)(b) a dissolution of marriage will not be granted from a party who is mentally incapacitated, unless the party alleged to be incapacitated has been deemed incapacitated for a preceding period of 3 years. The provisions to adjudge a person incapacitated falls under Fla. Stat. § 744.331.

If a spouse has been proper adjudged incapacitated in accordance with the provisions of § 744.331, the party filing for divorce must fulfill the following requirements:

1. Notice of the dissolution must be served to one of the nearest blood relatives of guardian of the incapacitated party. The relative of the incapacitated party shall be entitled to be appear and be heard on the dissolution issues.

Florida is an equitable distribution state. In essence, what this means is that the marital property should be divided fairly or equitably – not necessarily equally. The division of property is based upon all the facts of the case and also takes into account the contribution of each spouse to the marriage. The division of marital property, any asset acquired during the marriage whether by one or both parties, is considered in conjunction with all other awards of both spouses to the marriage.

It is important to know that Florida is a “No-Fault” state, meaning that the infidelity of one spouse during a marriage will not affect how the property is divided. The reason marital fault is not listed under the equitable distribution statute, Fl. Stat. 61.075, is because if the division of property was divided based on fault it would have the effect of rewarding the innocent spouse and punishing the other – this is not the goal of equitable distribution. The Florida Supreme Court has ruled that the purpose of equitable distribution is not to punish an unfaithful spouse.

However, infidelity is relevant if it can be demonstrated that that the adulterer has depleted marital resources because of the affair. For example, one spouse who uses marital funds to purchase items that furthered the unfaithful spouse’s adulterous behavior can be used against the unfaithful in a trial court’s determination of equitable distribution. The spouse alleging the misconduct must show a casual connection between the other spouses infidelity and the couple’s finances.

In Florida, spouses have several options to choose from when it comes to obtaining a divorce. Those options include mediation, trial and a fairly new practice known as collaborative divorce.

In a Florida collaborative divorce, each spouse has his or her own attorney who helps to negotiate an acceptable settlement agreement. Each spouse first meets with their own collaborative divorce attorney, who will provide advice and assistance in reaching a negotiated settlement. Then, the couple comes together with their respective attorneys in a series of meetings to arrive at a mutually agreeable decision on every aspect of the divorce settlement, including property division, debt settlement, child support, child custody, spousal support, and so on.

There may also be other professionals involved in a collaborative divorce, including accountants, estate planners or child therapists. The goal of collaborative divorce is to settle a case without litigation.

The State of Florida has made it possible for certain couples to divorce via a simplified dissolution of marriage. However, Florida couples that wish to divorce without the services of a Florida divorce attorney must meet certain criteria:

• Both must agree to a simplified dissolution of marriage;

• The couple must not have any children under the age of 18 or dependent children;