Modern divorces usually go in one of two ways: Either the divorcing spouses agree about what is necessary and appropriate, paving the way for an uncontested filing, or they go to court to litigate.
Mediation, collaborative law and even prenuptial agreements can lead to an uncontested split. However, not everyone will agree with their ex about a fair outcome in their Florida divorce. Will a judge have to make the final decisions about dividing property in your upcoming divorce?
Spouses litigating their divorce must disclose all their property
If you intend to litigate the property division proceedings in your divorce, the judge will need access to accurate inventories of your property. Listing every asset and their estimated values will give a judge an idea of what you own, what your spouse owns and what needs to be done to split things up fairly.
The judge may consider everything from the length of your marriage and your current income to your custody arrangements when deciding what to allocate to each spouse in the divorce decree. Generally speaking, only assets and income from during your marriage are marital property subject to division. However, separate property owned by one spouse could become vulnerable to division if they commingled it with marital assets or if both spouses played a role in maintaining or improving those assets.
Spouses can also make claims for an uneven distribution of assets in cases where that is necessary for fairness and equity. The judge has the discretion to take many different steps to create a fair solution, such as excluding certain assets or debts from division.
You can ask for better property division terms when you understand the law and your rights while divorcing in Florida. Working with an experienced advocate can help you understand more.