It Is Easy To File For Divorce, Difficult To Modify

The good news is that Florida law makes it relatively easy for couples to obtain a divorce — formally called dissolution. It is a no-fault state, which means that you only need to say that your marriage is "irretrievably broken" and attempt mediation before going to court.

The bad news is that it is extremely difficult to modify a property settlement. It is a legally binding contract, which is why it is so important to make sure yours is done right.

At Cruz & Bano, P.A., in Orlando, we do more than fill out the forms correctly in family matters. We will work toward property solutions that you can live with in the future, whether that means protecting your retirement accounts or making sure you have enough liquid assets to maintain your standard of living.

You Will Get Your Fair Share Of The Assets

Florida is an "equitable distribution" state. Equitable means that your marital property will be divided based on the question, "What is fair under the circumstances?" While this may result in a 50/50 division of assets for some couples, it is not guaranteed.

A judge will either approve a voluntary property settlement or decide for you and your spouse when you cannot come to an agreement. In either situation, the judge will consider many factors in determining a split that is equitable and whether to award alimony (spousal support):

  • How many years you were married
  • Your income and earning capacity
  • Your career opportunities and education
  • Whether the children should remain in the home
  • Money or time spent that increased the value of an asset
  • If you contributed to the marriage by working
  • If you contributed to the marriage as a homemaker
  • The amount and type of debt you and your spouse owe
  • Whether a spouse hid assets or made extravagant purchases in anticipation of divorce (or within the past two years)
  • Any other factor the judge deems relevant

Don't Put Your Future At Risk With A Bad Property Settlement

Remember, it is very difficult to modify a property settlement, which is why do-it-yourself divorces are so dangerous. We urge you to consult with our attorneys before making any decisions. We can help you prepare for divorce or at least review a settlement.

Schedule a free initial consultation to discuss your divorce with a lawyer. Call our office at 407-459-1293 or email us for representation throughout Central Florida. Hablamos español.