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Changes To Florida Statutes

Effective July 1, 2008, changes to Florida Statute Section 61.075 took effect, This Statute relates to the equitable distribution of marital assets and liabilities.

What do these changes mean for couples considering divorce?

  • The court, if they find good cause, can now enable those in divorce proceedings to have assets set aside for a partial, equitable distribution prior to trial. In other words, a portion of the marital assets can be distributed to both spouses in the interim period while divorce proceedings are in effect.
  • Your attorney can now enter sworn motions requesting partial early distribution.
  • In deciding the final equitable distribution, the Court will take into account the assets already distributed.
  • There is now a more pronounced statutory burden of proof required if there is a claim that assets acquired during the marriage should not be marital assets.
  • There is also now a more stringent requirement for any party refuting assets considered as inter-spousal gifts.
  • The courts now have a revised method to calculate distribution of assets brought into the marriage.

Coming October 1, 2008 is legislation that will affect child custody.

  • This change in the law eliminates the terms "custody", "custodial" and "non-custodial parent", "primary residence", "primary residential parent" and "visitation" from all statutes in exchange for shared parenting plans and time-sharing arrangements.
  • The law will provide for the establishment of parenting plans, which include mandatory time-sharing schedules.

For more information on these and other laws that may affect your family, please call our offices. Attorney Andrew Smith will consult with clients.


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Florida is a no-fault divorce state. The only requirements to getting a Florida divorce is that the marriage is irretrievably broken and that the filing spouse meets the residency requirements. The only other ground for divorce in Florida besides the marriage being irretrievably broken is mental incapacity of one of the spouses.
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