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Divorce Advice – Division of Property How Will We Divide Our Property
LaFrance Law’s Divorce Advice on the division of property. Many clients wonder how we will get to the bottom of determining what property the court will require a couple to divide. This may especially be true if one spouse manages all of the financial matters for a family or where one spouse is secretive about certain bills, accounts or other property. A spouse involved in a divorce is required to give the court information about his or her assets and debts and income and expenses in a document called a financial affidavit unless the divorce is considered a simplified dissolution of marriage under Florida laws. In reality, however, a spouse will complete a financial affidavit in nearly all divorce cases. Courts have punished a spouse for failing to be honest about his or her financial affairs. In fact, there is no time limit for looking for relief from a judgment that was based upon fraudulent financial affidavits in family law cases assuming you did not know about the assets or the fraud at the time of the judgment. A spouse is responsible for updating a financial affidavit during a case where there is a material change in financial status.
See Florida Family Law Rule 12.285.
For each individual case, a family law attorney should assess what additional tools to use in attempting to discover facts that are relevant to a case. For example, an attorney may use a discovery tool called a deposition. A deposition is simply a method by which an attorney asks a person questions. These questions can be asked in writing or orally. A deposition can be a useful discovery tool, especially where an attorney is looking for oral testimony to assess a person’s demeanor and reactions to questions. In short, Florida’s laws provide useful tools to ensure that the property from a marriage is identified and split fairly.
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