This page was written, edited, reviewed & approved by Emil J. Fleysher following our comprehensive editorial guidelines. Emil J. Fleysher, the Founding Partner, has 15+ years of legal experience as a bankruptcy attorney. Our last modified date shows when this page was last reviewed.
Divorce and bankruptcy are two complex legal processes that can have substantial consequences on an individual's financial and personal well-being. In Florida, these processes are governed by specific laws and regulations that must be followed to ensure a successful outcome. Here is some information about divorce and bankruptcy in Florida:
Florida is a no-fault divorce state, which means that a spouse seeking a divorce is not required to prove that the other spouse was at fault. Instead, a divorce can be granted if the marriage is irretrievably broken or if one spouse has been mentally incapacitated for a period of three years or longer.
In a divorce, property and debt must be divided between the spouses. Florida is an equitable distribution state, meaning property and debt are divided fairly but not necessarily equally. Factors such as the duration of the marriage, the contributions of each spouse to the marriage, and the financial resources of each spouse will be considered in determining equitable distribution.
In Florida, bankruptcy is governed by federal law, but state-specific exemptions can impact the bankruptcy process. Chapter 7 and Chapter 13 bankruptcy are the two primary types of bankruptcy for individuals.
Chapter 7 bankruptcy entails the liquidation of assets in order to pay off creditors. Some assets, such as a primary residence and certain personal property, may be exempt from liquidation in Florida. Chapter 13 bankruptcy includes crafting a repayment plan to pay off debts over a period of three to five years.
It's important to note that filing for bankruptcy does not automatically discharge all debts. Some debts, such as student loans and certain tax debts, may not be discharged through bankruptcy.
It's not uncommon for individuals to experience both divorce and bankruptcy simultaneously. In some cases, bankruptcy may be necessary to address financial issues that arise from a divorce. For example, if one spouse is awarded significant debts in the divorce settlement, they may need to file for bankruptcy in order to address those debts.
If you are considering divorce and/or bankruptcy in Florida, it's important to seek the guidance of seasoned legal professionals who can help you navigate the complex process. An attorney specializing in family law or bankruptcy law can provide valuable advice and representation as you work through these challenging legal processes.
If you are facing the intertwining complexities of divorce and bankruptcy in Florida, seek guidance and expert representation from Fleysher Law. Our team of skilled attorneys, well-versed in both family and bankruptcy law, is here to provide you with unwavering support and strategic solutions.
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Take charge of your financial future amidst the interplay of divorce and bankruptcy in Florida. With our experienced bankruptcy lawyers by your side, you can confidently navigate these intricate legal processes, emerge stronger, and embrace a brighter tomorrow.
Embark on a journey towards financial restoration and personal well-being – contact Fleysher Law today.
Emil specializes in consumer bankruptcy, debt settlement, and mortgage modification, offering a holistic approach to solving mortgage and debt problems. Emil listens to clients, understands their circumstances and goals, and helps them make the right choices by presenting all options and contingencies.
He is dedicated to helping South Floridians regain their financial freedom from overwhelming debt caused by high interest credit cards, bad mortgage loans, and uninsured medical expenses.
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