In addition to parenting issues and support,  another topic to address as part a divorce is deciding who gets what; whether assets or debts.  . Property covers both real property, such as your home, and personal property, such as household items or cars.

Equitable Distribution

Florida courts divide a couple's assets in an ''equitable'' (fair) manner, called equitable distribution. Equitable is what is fair to both spouses, and fair may not mean equal.

Florida statute 61.075 gives the factors courts use in deciding what is "equitable." Factors include:

• a) The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.
• (b) The economic circumstances of the parties.
• (c) The duration of the marriage.
• (d) Any interruption of personal careers or educational opportunities of either party.
• (e) The contribution of one spouse to the personal career or educational opportunity of the other spouse.
• (f) The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.
• (g) The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.
• (h) The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.
• (i) The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.
• (j) Any other factors necessary to do equity and justice between the parties.

Before deciding how marital property is to be shared, the Court must determine what property is marital and what is the non marital property of each spouse.  Your attorney will work with you to identify what assets and debts are subject to distribution between you and your spouse. 

Property Settlement Agreements

If you and your spouse can agree on how to divide your assets, whether it follows Florida’s guidelines or not, your lawyers will write up a formal agreement called a ''property settlement agreement" or a "marital settlement agreement" (MSA).. Detailed lists of who gets what are included in this agreement.

Often, a voluntary property settlement is preferred to having the court decide those issues. There's no way to predict or guarantee how a court will decide property division issues, so many couples prefer to work out a property settlement on their own.

The language of a settlement agreement is important- a poorly worded agreement may be unenforceable, and not worth the paper it’s written on.  An attorney’s involvement in drafting and reviewing the agreement is vital to ensure that you get what you agree to.  Do read the property settlement agreement carefully, and ask your lawyer about anything you don't understand. Once an agreement is signed and approved by the court, it's likely be difficult and expensive to change.

Taking a Property Inventory

Before you can negotiate aproperty settlement, you need to know what there is to divide. . One of your first tasks, even if you're thinking about a divorce, is to make a property inventory. It's vital to list all property you and your spouse own. Don't try to hide assets as it will only complicate dividing your property.

Property Transfer After the Divorce

As soon as the property settlement is approved or the court finalizes the divorce, you'll want to take care of the details of the property transfer. This includes preparing and signing the documents needed to transfer ownership.

While it may be the last thing you want to do, taking care of these details will save future trouble and make it easier to gain closure on this chapter of your life.

Restraining orders, often also called protection orders, are orders issued by judges that tell people to do or not do certain things. They can be used in non-criminal situations, such as telling property owners to stop activities that constitute a public nuisance and directing parties in a civil lawsuit to leave each other alone. Restraining orders in a civil context may also be called temporary injunctions (which can become permanent injunctions).

How Are Restraining Orders Issued?

In a typical situation, a victim applies to a judge for an order directing the aggressor to do a specific act, back off, or stay away. It is not uncommon for a party in a divorce or family law case to seek an injunction.  The two cases are separate, but related, and having a qualified attorney who can handle both cases may save you time and money.   

What does the applicant need to prove?

People who ask for restraining or protective orders need to convince the judge that they’re necessary to prevent continuing or imminent harm. In a domestic violence situation, for example, the victim (the petitioner) supplies a sworn statement alleging facts that support a claim of serious and/or imminent harm, which enables a judge to issue a temporary order then and there, without notice to the object of the order (the respondent). After the respondent receives notice and within a few days, the judge will hold a hearing to determine whether to make the restraining order final.

At the hearing, the plaintiff must prove the truth of the allegations (by a preponderance of the evidence, not the stricter standard of beyond a reasonable doubt).

How long do protective orders last?

Most protective orders set a time limit on the duration of a final order (though extensions can be granted).  But even final orders can be modified if either party asks the judge to do so (and if the judge agrees).

How Are Restraining Orders Enforced?

An order directed at a domestic abuser or stalker is enforced by the police.  A respondent who violates a protective order may be arrested.

Contempt can only come into play after a court has issued judgments, orders or decrees to govern the behavior of the parents, which it can do at any point during the divorce proceedings. Once a court has issued such decrees, it is important for you to observe them to the best of your ability and, at the same time, to take note of any potential violations on the part of your ex-husband/wife or former partner. Courts have been known to take it personally when a parent disregards their orders.

If an attorney and his client can produce evidence that their opponents have willfully disregarded a court decree, then they can “make a motion” or “move” for a contempt ruling.

If the court goes on to rule for contempt, then it can hand down new or modified decrees binding the parent whom it has found to be in contempt.

Conditions of Contempt

Technically, a contempt action is appropriate anytime a party “contemptuously” violates any provision of the decree. As a practical matter, however, the violation or violations should be significant.

To find a party guilty of contempt, the court cannot simply conclude that the accused party did not act in accordance with the decree. The court must also conclude that the accused party did have the ability to comply and therefore violated the decree both deliberately and without good reason.

It is then up to the accused to present evidence that he or she did not have the ability to comply or that it was an “honest mistake.”

Consequences of Contempt

Of course, the evidence for a contempt ruling often does exist, and if you and your attorney can produce it, you will substantially improve your case. In fact, your attorney will often file a motion of contempt in tandem with a motion to modify.

Bear in mind that an initial contempt is a civil (not a criminal) offense, so the court can only hand down orders designed to stimulate your husband/wife’s compliance, not simply to punish him/her.

Still, to stimulate compliance, the court has a whole range of remedies that you can request, ranging from a simple warning to incarceration to attorney’s fees to compensatory custody time (and more).

In other words, contempt can be a very powerful tool. It simply requires evidence.