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Mark Abzug

When to take a property division dispute to court

On Behalf of | Jan 23, 2025 | Divorce, Property Division

As you stand at the threshold of a new chapter in your life, the prospect of dividing your marital assets can be overwhelming. The emotional toll of a divorce is already significant, and disagreements over property can escalate tensions.

What happens when you and your spouse cannot agree on how to split your belongings? While many couples can reach agreements outside of court, some situations call for legal intervention.

Divorce in Florida is not automatically a 50/50 split

In Florida, courts adhere to the principle of “equitable distribution,” meaning that marital assets are divided in a manner that is fair, though not always equal. The court evaluates factors like marriage duration, spouses’ asset contributions and economic situations.

When legal intervention becomes necessary

You might need to take your property division dispute to court if:

  • Your spouse is hiding assets or income.
  • There is a significant disagreement about the value of certain assets.
  • Your spouse is reluctant or outright refuses to negotiate in good faith.
  • There are complex assets involved, such as businesses or retirement accounts.
  • You suspect dissipation of marital assets.
  • There is a history of domestic violence or financial abuse.

In Florida, the court requires couples to attempt mediation before proceeding to trial. This process can help resolve disputes without the need for lengthy court battles. But if mediation fails, litigation becomes necessary.

Going to court for property division can be time-consuming and expensive. It also puts the final decision in the hands of a judge who may not fully understand your unique situation. But in some cases, it may be the only approach to ensure a fair division of assets.

In times of uncertainty, having professional support can make all the difference. It is essential to have someone knowledgeable by your side, advocating for your best interests.

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