If your marriage is headed toward a breakup, you are certainly not alone. Divorce happens. Approximately 40% of marriages end in divorce (American Psychological Association). While divorce is fairly common, that does not make it any easier for the person who is actually going through it. The law is complicated—and untying the knot can be hard. Here, our Lakeland family law attorney provides a guide to navigating the divorce and property division process in Florida.
Know the Law for Getting a Divorce in Florida
Are you preparing for a divorce in Lakeland or elsewhere in Polk County? If so, you should know the law for ending your marriage. Divorces are handled at the state level. Here are key points to be aware of about the divorce laws in Florida:
- You Can File if You Meet the Residency Requirement: You can file for divorce in Florida as long as you meet the state’s residency rule. It does not matter if you were married in another state. Proof of residency can be established through various means, such as a Florida driver’s license, voter registration, or any other document showing residence. As long as you or your spouse has lived in Polk County for at least three months, you can file here.
- A Strictly No-Fault Standard Applies: Fault is no longer a material legal issue in divorce cases in Florida. Our state now operates exclusively under a no-fault divorce system. With this standard, neither spouse needs to prove fault by their partner—such as adultery, cruelty, or abuse—in order to obtain a divorce. You can get divorced on no-fault grounds that there has been an irretrievable breakdown of the marriage.
- Divorce May Be Contested or Uncontested: In Florida, a divorce can be uncontested if both parties agree on all terms of the divorce, including division of property, debt responsibilities, and child custody. If there is disagreement on any of these terms, the divorce becomes contested. More divorces are ultimately resolved through an uncontested settlement agreement. An uncontested divorce can save a lot of time and money.
Dividing Property/Assets is Among the Most Challenging Issues in Divorce
Before you can finalize your divorce in Florida, you and your spouse need to determine who will get to keep what. For many divorcing couples in Lakeland, property distribution can be one of the most difficult aspects of the process. It can be hard for all divorcing couples—but especially those that have a high net worth and/or complex assets. Some complex assets include:
- Personal property;
- The family home;
- A business;
- Investments;
- Retirement savings.
Florida is an Equitable Distribution State (Know What it Means)
Under Florida law (Florida Statutes § 61.075), a divorcing couple’s marital property will be split up in a “fair” manner. Indeed, the division of marital assets during a divorce follows the principle of equitable distribution. It does not guarantee a 50/50 split.
A key issue in a divorce case is determining what constitutes separate property and what constitutes marital property. Separate property—the assets from prior to a marriage and/or assets protected by a prenup or postnup—are not subject to equitable distribution.
A Note On Debt: Debt is also subject to equitable distribution in Florida. For secured debt, that liability will run with the property—such as a mortgage and a house. However, for unsecured debt, such as credit card debt, it will need to be assigned to a spouse during the divorce. Personal debt could be split 50/50, assigned entirely to one spouse, or anything in between.
An Attorney Can Help You Negotiate a Fair Property Division Settlement
A one-size-fits-all approach is not good enough for dividing property and assets in a divorce in Florida. You need a top-rated divorce attorney in Lakeland, FL. To start, your lawyer can help you organize all relevant financial records and property documentation so that you know exactly what is owned. Your lawyer will also help you understand the nuances of Florida’s equitable distribution laws so that you understand your rights and your reasonable options. Most divorcing couples in Polk County can reach the best result through a settlement. There are many benefits to an uncontested divorce—it can save time, stress, and money.
Understanding Financial Disclosure Requirements in a Divorce in Florida
You and your spouse cannot lawfully hide property/assets from each other when filing for divorce. Our state’s equitable property division standard cannot be properly applied unless the parties know exactly what is owned. In a Florida divorce, both parties are required to make comprehensive financial disclosures. The process involves submitting detailed financial affidavits that list all assets, liabilities, income, and expenses.
Failing to disclose assets or providing false information can lead to penalties, including fines or a less favorable settlement during the property division process. If you believe that your spouse is unlawfully concealing assets, you need to take immediate action to protect your financial interest. Consult with a Lakeland, FL, divorce lawyer right away. An attorney who is experienced in property division cases can help you gather evidence to uncover hidden assets. Legal tools are available.
A Comprehensive Approach to the Divorce Process is a Must
Property division is one of the most important parts of the divorce process. It is where a lot of couples get caught up, and it is crucial that you handle things the right way. At the same time, there are many other issues that can arise during the process as well. You need to take a comprehensive approach. Other key family law matters that arise during divorces in Lakeland include:
- Spousal support;
- Child custody;
- Child visitation; and
- Child support.
Contact Our Lakeland, FL Divorce Attorney Today
At Heather Bryan Law, our Lakeland divorce lawyers are skilled, experienced, and solutions-focused advocates for clients. If you have any questions about property division and divorce, we are here to help. Contact us today for a completely confidential initial consultation. From our Lakeland law office, we provide family and divorce representation in Polk County and throughout the area.
Heather Bryan Law, P.A.
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