Alimony Property Division by a Pro Se litigant: These ebooks were written as a result of a divorce case in Florida. As a result, they relate to the procedures that are used in that state. While other states’ laws might be similar the author makes no claim that it is applicable in all states. See the below explanation.
Dividing Property in the Other States
If you and your spouse can’t determine how to divide property and debts during your divorce, the courts will divide your assets under one of two basic schemes: community property or equitable distribution. The main difference between community property and equitable distribution is that in community property states, there is an absolute 50-50 split of all property acquired during the marriage. In the equitable distribution states, more assets may be considered “marital property,” but the split is not necessarily 50-50.
States With Community Property Laws
There are nine community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. In these states, all property of a married person is classified as either community property (owned jointly by both spouses) or the separate property of one spouse. Marital property refers generally to all of the property acquired by either or both spouses during the marriage. Separate property refers to any property the spouses acquired separately before the marriage or after separation (or in some states after divorce).
Florida is an Equitable Distribution State
In the remaining states, assets and earnings accumulated during marriage are divided equitably (fairly), but not necessarily equally. In some of those states, the judge may order one party to use separate property to make the settlement fair to both spouses. Pro Se Litigants are at a disadvantage unless they learn the rules of the court and can fight back.
What sometimes makes this confusing is that division of property does not necessarily mean a physical division. A court may award each spouse a percentage of the total value of the property. In that event, each spouse will get personal property, assets, and debts whose worth adds up to an assigned percentage. Note that it’s illegal for either spouse to hide assets in order to shield them from property division, and if you do this, a court could punish you with sanctions and in some states, by awarding a percentage of the value of the hidden asset to your spouse. In California, if you intentionally and fraudulently hide an asset from your spouse during the divorce, a court could award 100% of that asset to your spouse as a punishment.
What is a Pro Se?
When you represent yourself in court without the help of a lawyer it is said that you are appearing as a “pro se litigant.”
The ProSe Self-help Guidebook series is written mainly for you when you::
don’t know your way around the legal system,
don’t have the ability to afford a lawyer,
have no other avenue of help other than to try to face the court by yourself.
Even if you have a lawyer, you can use this book. It will help you to understand the process and procedures with your divorce and/or modifying alimony in Florida. The ebook will help you be aware of whether or not that your lawyer is doing their job competently. You need to be sure that all the bases are covered in order to reduce your support payments. In it are some of the techniques that are available to help you to reach your alimony reduction goal.
The eBook will give you a way to deal with what needs to be done in the court and its required procedures. It will seem daunting at first, but with these guidelines, it eases the tasks. It was written by someone who was once in your shoes.
Be sure to check our other ProSe publications on this page regarding divorce and alimony in Florida to help you.
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