Divorce & Bankruptcy in Florida
Unfortunately, the financial strain of divorce can leave a couple no other options but to declare bankruptcy. Each state has its individual laws on divorce and bankruptcy. Being well educated on the consequences and procedures will make this journey less bumpy. In Florida, divorce is referred to as "dissolution of marriage."
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Residency
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According to Divorce Source, one party to the marriage must have lived in Florida for six month before the courts can accept a filing for divorce. If this is not the case and the couple files for dissolution of marriage anyway, the courts will either reject the filing or dismiss it. If at least one party has lived in Florida for the required six months, then the couple can file in either spouse's county of residence.
Grounds for Divorce
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Florida requires a valid reason, or ground, for a divorce. According to Divorce Source, the reason must be declared on the petition for divorce and be something that either both parties agree upon or one party intends to prove. Unless the marriage is irreparably broken or one spouse is mentally incapable, the courts will not grant permission for divorce.
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Property Distribution
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Florida is an equitable-distribution state. This means that the marital property will be divided fairly, though not necessarily equally. For an easier transition, the couple should make these decisions together prior to filing. However, if the couple cannot decide who gets what, the courts will. When distributing assets, according to Divorce Source, Florida considers factors including the spouses' respective contributions to the marriage, whether in terms of money or household service; how long the marriage lasted; whether either spouse gave up a career or supported the other's career; and the expressed wishes of parties.
Spousal Support
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According to Divorce Source, spousal support will vary from case to case. Either party can be granted alimony. Some of the elements the courts consider when setting alimony are standard of living during the marriage, length of marriage, emotional state of each party, all sources of income, and the contributions of each party to the marriage.
Bankruptcy
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According to attorney Kingcade Garcia, divorce in Florida does not affect any agreement the couple has with creditors. Therefore, if both parties are signers on a loan or account, both parties will be affected the same. It does not matter if one party never used the credit card. All that matters is that that person's name is on the debt. This includes car payments, mortgages and credit card debts. In the case of bankruptcy, the same holds true. If one party files for bankruptcy during or after divorce and the name of the other party is still on the account, the creditors are allowed to come after the latter for payment. A settlement agreement filed with the courts does not free a person of debt accumulated, no matter if the other party stated in writing that she would pay off the debt. This can lead to the second party's having to declare bankruptcy also. If bankruptcy is forced upon him because of this situation, the second party will have the right to sue the original bankruptcy filer for violation of the settlement agreement. Also, declaring bankruptcy does not free a person from child-support or alimony obligations.
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