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Both parties must sign the agreement and have their signatures witnessed by a notary public or deputy clerk. After completing this form, you should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records.
Under Florida divorce law, all marital property is subject to an equitable distribution. Typically, the court will divide marital property 50/50, unless there are reasons why an equal split would be inequitable (unfair).
Are debts divided in a divorce? Yes, debts acquired during the marriage are typically treated as marital property in Florida divorce cases. Therefore, debts will be divided 50/50, unless there are reasons why an equal split would be inequitable (unfair).
California is a community property state, which means that any assets acquired and any debts incurred by either spouse during the marriage belong equally to both spouses.
A judgment creditor can foreclose a judgment lien in the same manner that a bank forecloses a mortgage lien. The judgment lien does not attach to homestead property or to real property that the debtor owns jointly with a non-debtor spouse as tenants by the entireties.
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Marital Debt These are joint credit cards, mortgage loans, and car loans that are in both your name and your spouses name. According to Florida law, both spouse are responsible for this type of debt. There are exceptions, but in general, if a debt is shared during the marriage it will be shared in the divorce.
You and your spouse will be liable for any debts you entered into during the time you are married. Florida is not a community property state, you would have to sign an agreement in order for the court to hold you liable for any debts your ex incurred in his or her name only.
Most courts in the State of Florida require that an MSA is filed along with a petition of simplified dissolution of marriage. It is advised to seek legal counsel from a divorce attorney to help you negotiate the terms of the MSA and complete the marital settlement agreement form when filing for divorce.
Florida law does not have a universal answer for this, meaning that there is no law that says the Wife, or the Husband has to leave, while the other has to stay. In order for one spouse to force the other out, one of several things can occur.
As experienced divorce attorneys, we know that enforcement of settlement agreements typically requires filing a request with the court so that the spouse who is not in compliance will go before a judge who will order him or her to comply with the terms set forth in the agreement.

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