Equitable Distribution

Divorce Lawyer

A divorce attorney can help you get a fair equitable distribution of your assets. One of the major issues in a divorce is the division of the parties? assets and liabilities. This is referred to as equitable distribution. The word ?equitable? does not mean ?equal.? Instead, the equitable distribution means a fair or just distribution of the assets and liabilities.

However, the starting point for the judge is to presume that a 50-50 division of the marital assets is equitable. However, the judge can award one party more than 50 percent of the assets if it promotes justice or fairness. For instance, if one party is found to be wasting martial assets on drugs or promoting an adulterous affair, the other party could be awarded a larger share of the remaining marital assets.

Click on cover to open book

Click corner to switch pages

In a divorce, both parties have the ability to conduct discovery on the other party. Methods of doing this include Requests for Production of Documents, Interrogatories, Requests for Admissions, issuing subpoenas, and the taking of depositions.

As your Florida divorce lawyer, I can file Motions which ask judge to grant temporary relief for matters such as custody, child support, alimony, exclusive

use of the marital home, and attorney fees. However, all judges require the parties to attempt to mediate these issues before allowing a hearing to be set.

Mediation is a process where the parties attempt to reach an agreement with the assistance of an impartial neutral third party. The mediator does not make any decisions, but only attempts to get the parties to enter into a Marital Settlement

Agreement. If the parties are able to reach an agreement, the judge will approve the agreement and enter a Final Judgment which incorporates the agreement into the Final Judgment. This way the agreement is no longer just a private contract, but a court order that can be punished by a Judicial Order of Contempt.

If the parties are unable to reach a settlement, then the case will be set for

a trial before the judge. Parties are not entitled to jury trials in family law cases. However, the same rules of evidence apply at a divorce trial as any other civil case. The judge will then enter a Final Judgment which legally dissolves the marriage and governs the division of the assets, establishes custody, visitation, and child support. It is important that your Florida divorce lawyer is

familiar with the Florida Rules of Evidence and Civil Procedure. If either party thinks that the judge made a legal mistake during the trial or the judge abused his discretion, that party can file an appeal to the appellate court for review. If the appellate court reverses the lower court?s ruling, it can send the case back to the original trial judge.