Monthly Archives: May 2020
How Long Do I Need to “Reside” in Florida Before Filing for Divorce Here?
For many married couples, Florida is their second or vacation home. But when it comes to getting a divorce, can you file in Florida even if you (or your estranged spouse) actually live in another state–or even another country? Florida law actually provides a succinct answer to this question: “To obtain a dissolution of… Read More »
What Happens to Real Property Following a Florida Divorce?
Under Florida law, married couples may jointly own real property as “tenants by the entirety.” This means that neither spouse owns the property individually. Instead, they each have an undivided 100 percent interest in the entire property. That may sound illogical, but the underlying legal concept is simple: The spouses must be in an… Read More »
Is a Divorce Settlement Binding If I Did Not Agree to All of Its Terms?
Many Florida divorce cases are resolved by a marital settlement agreement (MSA). This is a legally binding contract between the parties that addresses issues such as the division of marital assets and liabilities and whether either spouse is entitled to alimony. As with any contract, an MSA only exists when there is “mutual assent”… Read More »
Can the Equity in My Home Be Considered a “Marital Asset” Even if I Bought the Property Before Marriage?
One of the key tasks in a divorce case is the division of any marital assets. A “marital asset” refers to any property acquired during the marriage by either spouse. Conversely, this definition generally excludes any property acquired by either spouse before marriage. So let’s say you bought a car several years before getting… Read More »