Florida Provisions Which May Be Added to a Division Or Transfer Order During the division or transfer of property in Florida, various provisions can be added to the order to ensure a smooth and fair process. These provisions are designed to protect the interests of all parties involved and address specific issues that may arise. Here are some key provisions that can be included in a division or transfer order in Florida: 1. Equitable Distribution Provisions: In Florida, property division follows the principle of equitable distribution, which means that marital assets and liabilities are divided fairly but not necessarily equally. The order may specify how the assets and liabilities will be allocated between the parties based on their respective contributions to the marriage. 2. Property Valuation Provisions: The order can include provisions to ensure accurate valuation of the assets, such as real estate, retirement accounts, business interests, and personal property, to determine their fair market value. This may involve hiring professionals like appraisers or accountants. 3. Asset Transfer Provisions: If certain assets are to be transferred from one party to another, the order can outline the specific process and timeframe for the transfer. This ensures that the transfer is carried out smoothly and in compliance with legal requirements. 4. Debt Allocation Provisions: In addition to dividing assets, the order may also address the allocation of debts and liabilities acquired during the marriage. This provision ensures that each party takes responsibility for their fair share of the debts. 5. Alimony or Spousal Support Provisions: If one spouse is entitled to receive spousal support, the order can include provisions specifying the amount, duration, and manner of payment. These provisions also consider factors like the duration of the marriage, the standard of living established during the marriage, and the financial resources of each party. 6. Child Support and Custody Provisions: If there are minor children involved, the order can include provisions related to child custody, visitation rights, and child support. These provisions aim to serve the best interests of the children and ensure their well-being. 7. Retirement Benefit Provisions: For dividing retirement benefits like pensions, 401(k)s, or IRAs, the order may include provisions that outline the process, so the division complies with applicable laws and regulations. 8. Tax Consequences Provisions: The order can address the potential tax consequences of property division or transfer. This provision can specify which party is responsible for any resulting tax liabilities and how tax deductions or credits are allocated. Other types of provisions may also be added depending on the unique circumstances of each case. It is advisable to consult with an experienced family law attorney to understand the specific provisions and their implications in your particular situation.
Florida Provisions Which May Be Added to a Division Or Transfer Order
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Rule 2.520 - DOCUMENTS (a) Electronic Filing Mandatory. All documents filed in any court shall be filed by electronic transmission in ance with rule 2.525.
An attorney formerly employed by a court shall not represent anyone in connection with a matter in which the attorney participated personally and substantially while employed by the court, unless all parties to the proceeding consent after disclosure.
15 minutes or less and non-evidentiary hearings: Pursuant to Rule 2.530(b) Florida Rules of Judicial Administration, the judge may, upon the court's own motion or upon written request of a party, direct that the telephone be used for a motion hearing, pretrial conference, or status conference.
Any party may request any other party (1) to produce and permit the party making the request, or someone acting in the requesting party's behalf, to inspect and copy any designated documents, including electronically stored information, writings, drawings, graphs, charts, photographs, audio, visual, and audiovisual ...
Rule 2.560, Florida Rules of Judicial Administration governs appointment of spoken language court interpreters; Rule 2.565, Florida Rules of Judicial Administration governs retention of spoken language court interpreters by attorneys or self-represented litigants.
Rule 3.240 - CHANGE OF VENUE (a)Grounds for Motion. The state or the defendant may move for a change of venue on the ground that a fair and impartial trial cannot be had in the county where the case is pending for any reason other than the interest and prejudice of the trial judge.
Rule 1.060 - TRANSFERS OF ACTIONS (a) Transfers of Courts. If it should appear at any time that an action is pending in the wrong court of any county, it may be transferred to the proper court within said county by the same method as provided in rule 1.170(j).
When an attorney is scheduled to appear in 2 courts at the same time and cannot arrange for other counsel to represent the clients' interests, the attorney shall give prompt written notice of the conflict to opposing counsel, the clerk of each court, and the presiding judge of each case, if known.