Misconduct in Florida Divorce Cases

“Misconduct” is a vague term. It encompasses everything from annoying behavior that breaks rules set in place to minimize disruptions, such as when children talk out of turn in class or leave the classroom without permission, to violent crimes punishable by incarceration. Divorce rarely happens without something that could count as misconduct. The couples who mutually realized, with minimal conflict, that they are incompatible with each other are a rare exception. In most cases, one spouse can point to a time when the other spouse did something that crossed the line into disrespect or breach of trust. You do not have to rehash all of that in divorce court. Florida’s no fault divorce laws mean that you do not have to prove which spouse is at fault for the divorce. You can divorce simply because you no longer wish to be married to your spouse, and the divorce court’s role is simply to divide your marital assets and debts in an equitable way or to sign off on the property division agreement that you and your spouse draft in family court mediation. The family courts only provide remedies for misconduct if one spouse intentionally inflicts financial harm on the other shortly before the divorce filing or while the divorce case is pending. If you think that your spouse committed marital misconduct or litigation misconduct, contact a Boca Raton divorce lawyer.

Marital Misconduct Is Shady Financial Dealings Before the Divorce Filing

In a divorce, the couple divides their marital assets and debts. If they cannot agree during mediation on how to divide them, then the judge decides the fairest way to divide them, based on each party’s income, expenses, and separate property; this is equitable distribution. Unless a prenuptial or postnuptial agreement indicates otherwise, all income and assets acquired during the marriage are marital property, except inherited property and personal injury settlements.

Marital misconduct occurs when, in the two years leading up to the divorce filing, one party intentionally reduces the value of the marital property so there will be less to share with his or her ex. The misbehaving spouse might spend money wastefully, sell marital assets, or transfer property to a family member or to a business owned by the misbehaving spouse, so that it will not legally count as marital property.

Litigation Misconduct Is Dishonesty or Sabotage During the Trial

Litigation misconduct can occur when one spouse misleads the divorce court, such as by failing to disclose some separate or marital property on the financial disclosure forms submitted before mediation. It can also occur when one spouse intentionally misses deadlines so that the other spouse will have to spend more money on legal fees.

Contact Schwartz | White About Divorce After Marital Misconduct

A South Florida family law attorney can help you if lying about money was the least of the things your ex did to ruin your finances before and after you separated.  Contact Schwartz | White in Boca Raton, Florida about your case.

Source:

scholar.google.com/scholar_case?case=13640372294350156100&q=divorce+park&hl=en&as_sdt=4,10&as_ylo=2015&as_yhi=2025