Jacksonville Divorce Lawyer Blog
Written by: Lenorae Atter, Attorney at Law
As a Jacksonville divorce lawyer, I am often asked by clients whether they give-up their rights to their home if they move out. Often, when couples decide to divorce one of the parties will want to move out the home and clients are generally afraid that if it’s him/her then rights to the home have been given to his/her spouse. In a Florida divorce, rights to marital property and assets is not determined by possession, but by when the property was purchased and possibly a couple of other factors. Property, assets and debts are normally divided in equal shares to the parties, unless there are reasons not to equitably divide. Florida is also a no-fault state, meaning that it does not matter who did what, the property still has to get split.
In a Florida divorce, property that was purchased after the date of marriage is marital property and subject to equitable distribution. For example, Amy and Ben get married and a month later purchase a home. Ann and Ben do not have kids and live in the home together for fifteen years and pay down the mortgage to a point that there is equity of $50,000 in the home. Ann and Ben decide to divorce and Ann moves out before the divorce is final. Ben claims that Ann forfeited her rights to the $50,000 because she, in essence, abandoned the home when she moved out. Ann claims that the property and the asset of $50,000 is marital and should be divided equally by the parties. Generally, the court will require the home to be sold and the equity divided 50/50, regardless of Ann moving out before the divorce was final. If Ben wants to keep the home, then he may be required to pay Ann her one-half share and buy her out of the home.
The other question that typically arises is whether the spouse that stayed in the home gets any credit for monthly mortgage payments made after the date of separation. For example, same facts as above, but when Ann moved out she did not contribute anything to the marital home. Ben took over payment for all financial issues regarding the home and was paying $1,000 per month towards the home for one year prior to the sale. When Ben and Ann are told to sell the house, the court may award the equity to be divided 50/50 between Ann and Ben. However, the judge may also say that Ben should receive credit for his financial contribution to the home for the 12 months, therefore, the equity is $50,000 Ben is given $12,000 and Ben and Ann then divide the remaining balance equally. This result does not necessarily occur in a Florida divorce, but there is a possibility, given the facts of each case that it can be the result. There are a number of factors to consider when the court decides whether such a credit will be given to one of the parties.
Deciding to divorce can be a difficult process and one where both parties may want marital counseling, one spouse wants counseling, or neither spouse believes that counseling would help to rebuild the marriage. As a 
As a Jacksonville, Florida divorce attorney I am often asked the question, “Can I take money out of our bank accounts?” When that question does not come up, I am often told that the other party cleaned out the bank accounts already. So, how are accounts generally divided in a Florida divorce and what should you do with your bank accounts while going through a divorce? 
Retirement accounts in our economy can be up and down, but one thing remains the same, in a Florida divorce your retirement that has been contributed to or earned during the marriage is one-half your spouse’s. 
When going through a divorce in Florida there are options beyond going to trial. Mediation and other forms of negotiations can be helpful to the parties because it can help the parties have some control over the outcome of their divorce versus leaving all decisions up to the judge. In negotiations, the parties have the ultimate say in the outcome of their 
Options in a Florida divorce exceed beyond having to go to a trial. In a world where divorce seems an agonizing process and we are often inundated with horror stories of years of litigation, spouses dragging each other through the muck, and much more. However, in Florida, there are other ways to get divorced instead of simply committing to litigation or trial. The options consist of the following: pre-filing mediation; collaborative divorce; an 
Domestic violence issues in Florida and throughout the country can be seen in even the most heinous of crimes. Sometimes, the domestic violence can be a precursor for violence on others, including innocent, unrelated victims. A recent case is the much publicized case involving Jennifer Hudson’s family, but a case that struck many of us throughout the country, the sniper shootings in Virginia, also started with domestic violence. Mildred Muhammad, ex-wife of DC Sniper John Allan Muhammad, gave an interview to Larry King the night before her husband was to be executed for his crimes at a Virginia state prison. Muhammad left 10 dead in a shooting spree that his 
Filing for a divorce in Florida opens up your financial world to the court and the other party. In a Florida divorce, each party is required to submit documents of their paycheck stubs, bank statements (checking and savings), retirement account information, mortgage documents, and the like. Florida