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Receivership In Florida Divorce Cases


Some divorce cases are messier than others, and the family law courts have their ways of dealing with situations where estranged spouses or ex-spouses truly cannot cooperate with each other.  If divorced parents bicker and try to relitigate old disputes every time they drop off the children at each other’s house or talk on the phone to discuss the children’s plans, the court might order them to communicate through a co-parenting app such as Our Family Wizard.  If the co-parenting relationship is so far gone that the parents cannot stand to communicate with each other even by text message, then the court might order them to communicate with each other through an extended family member with whom both parties are on reasonably good terms; in some instances, years go by in which the children go to their grandparents’ house for dinner every Friday and Sunday evening, to be picked up by Dad on Friday nights and by Mom on Sunday nights.  Knock down, drag out wars over marital property are less likely to spill over outside the walls of the courtroom than co-parenting disputes, but in extreme instances, the court might need to get a third party involved to stop divorcing spouses from wantonly misusing marital assets just to spite each other.  If your ex-spouse was bad with money during your marriage and is even worse with it during your divorce, contact a Boca Raton divorce lawyer.

How Court-Appointed Receivership Works in Divorce Cases

Court-appointed receiverships are most often a feature of bad breakups of business partnerships, rather than marriages, but when the court appoints a receiver in a divorce case, his or her duties are the same as the duties of court-appointed receivers in business litigation.  To initiate a receivership, the court appoints a neutral third party, someone who does not have a pre-existing connection to either of the parties (that is, the spouses in a divorce case or the business partners in a business partnership dissolution case) to be in charge of the assets that are being divided.  For example, if the couple owns a real estate property that they rent out, the court might task the receiver with collecting rent on the property while the divorce is pending.  If the court has ordered the couple to sell the property, it might put the receiver in charge of the sale.

Receiverships are rare in divorce cases.  Most of the time, if your spouse does not comply with court orders to sell a marital asset, or conversely, court orders to leave a marital asset undisturbed, going back to court and threatening your spouse with criminal contempt is usually enough to get your spouse to comply.  Receiverships are only for the messiest of divorces.  Your lawyer can help you to decide when to ask the court for a receivership and when to keep trying other remedies.

Contact Schwartz | White About Dishonest Financial Dealings During Divorce

A South Florida family law attorney can help you if your spouse is being shady or uncooperative about finances and marital assets during your divorce case.  Contact Schwartz | White in Boca Raton, Florida about your case.



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