As Tampa divorce lawyers we have often heard of one’s partner coming home and saying, “I am moving out.” This usually occurs after an often painful period of deliberation, and they are the ones who are ready to dissolve the marriage and want to be out of the home. Sometimes in cases like these, the spouse may not have any interest in keeping the shared home after the marriage ends.
But other times, even if one spouse wants out and the couple discusses dissolving the marriage it still isn’t clear who should be out of the home.
Courts in Tampa and throughout Florida apply the principal of equitable distribution when dividing the assets and debts between husbands and wives during a divorce. Before the assets and debts are equitably divided, it is necessary to first determine what assets and debts are nonmarital and which are marital.
Generally, any asset and debt acquired during the marriage is considered marital and subject to equitable distribution between spouses. Under certain circumstances there can be exceptions in equitable distribution, these can include inheritance, gifts received by one spouse from someone other than their spouse and assets or debts that existed before the parties were married.
One of the biggest concerns of both parties going through a divorce is what their financial future will look like. Moving from a marriage where assets, bank accounts and debts were shared to a world where it is split in two can be extremely stressful. To ease the financial stress, you must analyze your present finances and also estimate your future living costs.
We’ve compile dthe best tips on how to keep your financial worries at a minimum.
If you have children who still live in your house, moving after a divorce can present some unique challenges. While there is a desire to start fresh in a new place, this may not be in your child’s best interest or even possible due to child custody regulations.
The Uniform Child Custody Jurisdiction and Enforcement Act regulates which state has jurisdiction over custody issues if a child moves and in addition, each state has their own individual child custody laws as well. In general, you have to prove that a move would benefit your child more so than staying in his or her hometown/home state.