Equitable Distribution: What Divorce in Florida Can Do For You

The Family Court Judge will attempt to divide the property of a marriage in the most fair and pragmatic ways possible. A lot of what ultimately happens when a case gets to trial depends on the evidence presented, and how it’s presented. Some points of interest: Most states will exclude from property division any property that was acquired prior to the marriage or that was acquired via gift or inheritance. In some states (community property states) this involves an equal or 50/50 split of the property acquired by the parties during the marriage. Other states (non-community property states) will inquire into the couple’s individual financial circumstances, financial plans for the future, and other relevant matters, with the goal to order an equitable distribution of property. This distribution will be done differently depending on the circumstances of each case.

As such, it is often difficult for attorneys to predict exactly how the divorce court will handle the division of a couple’s property. An attorney can make some reasonable assumptions, and can reasonably predict some direction of how a case will go. However, it’s really impossible to define or predict anything for certain. When a divorce case goes to trial, all bets are off.

Divorce is a legal process. Most often, the best outcomes result when the parties work toward the common goal of compromising where possible, and effectively working through the particular issues of their case. An effective attorney will help with meeting that end. Litigants are encouraged to take advantage of the process.