Irreconcilable Differences and No-Fault Divorce: What U.S. Couples Need to Know Before Filing

Divorce is not always as simple, even when both parties have agreed it is the appropriate thing to do. It gets a lot more complicated when children are involved since you’re not just thinking about property division, but also child custody and visitation. At the time of marriage, couples hardly ever agree that a time will come when divorce will be an option. However, when there are irreconcilable differences, it may be the best choice for both parties.

To go through a divorce in Florida, there are essential factors couples must note, and this article discusses some of these.

The Equitable Distribution Approach

In a divorce in Florida, one of the key principles the court relies on is the equitable distribution principle. With this, the court attempts to divide the assets acquired during the marriage equitably between the parties. “Equitable sharing does not mean that both parties will get an equal share of the assets,” says attorney Samah T. Abukhodeir of The Florida Probate & Family Law Firm. Instead, the social standing of both parties is taken into account when determining what is reasonably fair to give to them.

Working with a divorce attorney who understands the Florida approach can help ensure you get a fair share of the assets after a divorce.

What Happens When Divorce Intersects with Personal Injury?

Divorce is stressful already, and with personal injury, that makes it a lot more stressful. To navigate this, there are some important points to note. One such thing is that timing is crucial, as it can determine whether the settlement becomes part of the marital estate. Injuries that occur before marriage, with settlement paid during the subsisting marriage, mean the settlement is considered non-marital property. If the injury occurs during a marriage and a settlement is paid, there is a presumption by the court that the settlement is marital property.

Another essential thing to note is that, regarding settlements, pain and suffering are deemed to be personal to the affected spouse, and so is the settlement that flows from it. However, where there is commingling resulting from settlements for pain and suffering going into a joint account, it may become marital property.

Structured Settlements and Annuities: Who Gets the Future Payouts?

It is not entirely surprising that personal injury awards are often paid out in structured settlements or annuities. Where such payments are received during the subsistence of the marriage, the court may treat them as marital income. It becomes a bit trickier when settlements continue to be made after divorce proceedings have been completed. Where the income is a replacement, the spouse may receive a share after divorce; however, where it is for pain and suffering, it remains the sole property of the affected spouse.

Protecting Children Through the Divorce Process

As previously said, children can significantly complicate the divorce process because they must be considered.. In deciding what is fair for child support, the court always considers what is most suitable for the child’s interest. Custody is also determined based on where it is safe and conducive for the child to have a normal life like their peers.

Additionally, if the affected party is injured and unable to provide the child with the necessary care, this may influence custody decisions. The court reviews every aspect of the case, including the financial, physical, and mental capacity of both spouses, to determine who is fit for custody.

Conclusion

Divorce and personal injury are two distinct situations that might be handled differently and more problematic when they meet.. An ideal approach when faced with both is to speak with an attorney in Florida who understands the nuances involved in each. That way, they can offer tailored guidance that can help you carefully navigate the situation and achieve a favorable outcome. Also, where legal representation is required, they can ensure your interests are protected against the actions of the other party.