Partition Agreement Sample For Divorce In Broward
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FAQ
Under Florida law, the partition process must comply with the Florida Statutes – Chapter 64 – titled “Partition of Property.” The first part of the partition action is the filing of the complaint. By statute, the complaint shall include the following: “A description of the lands of which partition is demanded”
No, the wife does not automatically get half of the marital assets in a Florida divorce. The state follows equitable distribution, which means the division is based on fairness, not strict equality. Not Automatic: The court considers various factors to determine what is fair.
The length of the marriage affects how retirement assets get divided during divorce. Florida law doesn't set a specific time after which one spouse gets half of the other's retirement. However, in marriages lasting more than 17 years, courts are more likely to divide retirement funds equally.
Is Florida a 50/50 divorce state? No, it's an equitable distribution state, which means couples split up their marital assets in a way deemed fair by the presiding court. The division may or may not be 50/50.
How Long Does A Typical Partition Action Take In Florida? A partition action can be quite speedy if you and the other party can agree quickly on what to do. Some cases can be resolved in three months, whereas others take up to a year. This can depend on the valuation of the property and how complex the parcel is.
Under Florida law, the process of dividing property begins on the premise that assets will be divided equally between both spouses unless a judge determines unequal distribution is justified. Some of the factors that may impact the judge's decision include: The financial circumstances of each spouse.
In Florida, property is divided 50-50 if it is considered “marital property” – or property that was acquired by either spouse during the marriage. Non-marital property, which is property either spouse acquired before the marriage, is not divided equally.
While it is possible to file a partition lawsuit without a lawyer or “Pro Se” in Florida, it is highly recommended to seek the assistance of an experienced partition attorney. The process can become complex, and having a knowledgeable litigator on your side can help protect your interests and maximize your recovery.
Filing for divorce is often portrayed as a long legal matter with lawyers for both sides fighting in the courts. However, divorces can be conducted without attorneys involved as long as both parties are able to agree to the terms of the divorce.
Regular Uncontested Dissolution of Marriage If you don't qualify for a simplified dissolution in Florida, you may still get an inexpensive uncontested divorce by filing for a regular dissolution of marriage along with a complete settlement agreement that covers: property division.