Interplay Between Divorce and Bankruptcy in Florida

Written By: Emil FleysherJuly 29, 2023
Interplay between divorce and bankruptcy in Florida

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:

Divorce in Florida

Divorce 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.

Bankruptcy in Florida

Bankruptcy in Florida

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.

Combining Divorce and Bankruptcy

Combining divorce and 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.

Contact Fleysher Law To Arrange an Initial Consultation With Our Bankruptcy Attorney.

Contact Fleysher Law to arrange an initial consultation

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. 

When you secure our service, you will receive the following:

  1. Comprehensive Legal Analysis: Our adept attorneys will thoroughly analyze your unique situation, considering all factors pertinent to your divorce and bankruptcy proceedings. We will outline a tailored approach to address your specific financial challenges and protect your best interests.
  2. Equitable Distribution Guidance: During divorce, property and debt division can be a daunting process. Rely on our expertise to navigate Florida's equitable distribution laws skillfully, ensuring a fair and just allocation of assets and liabilities.
  3. Bankruptcy Expertise: Understanding the nuances of bankruptcy law is crucial when facing overwhelming debts. We will guide you through the intricacies of Chapter 7 and Chapter 13 bankruptcy, helping you make informed decisions about the most suitable course of action.
  4. Asset Protection Strategies: In bankruptcy, safeguarding certain assets from liquidation is vital. Benefit from our knowledge of Florida's exemptions to shield your essential possessions, such as your primary residence and essential personal property.
  5. Holistic Solutions: At Fleysher Law, we believe in a holistic approach to law. Our attorneys will strive to harmonize your divorce and bankruptcy proceedings, seeking solutions that align with your long-term financial goals and personal well-being.

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.

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