In
Florida, the property and debt issues are typically settled
between the parties by a signed Marital Settlement Agreement
or the property award is actually order and decreed by the
Circuit Court within the Final Judgment of Dissolution of Marriage.
Florida is referred to as an "equitable distribution" state.
When the parties are unable to reach a settlement, the Circuit
Court will take the following approach to dividing the assets;
First, it will go through a discovery process to classify
which property and debt is to be considered marital.
Next,
it will assign a monetary value on the marital property and
debt. Last, it will distribute the marital assets between
the two parties in an equitable fashion. Equitable does not
mean equal, but rather what is deemed by the Circuit Court
to be fair. |