Fort Lauderdale Divorce Lawyer Blog
When you file for a divorce in Fort Lauderdale, Florida, the trial court is required to equitably divide the marital assets. The divorce court in Broward County, Florida should begin the equitable distribution of the marital assets with the assumption of equally dividing what has been acquired during the marriage amongst the Husband Wife. Absent substantial competent evidence to support the unequal distribution or written findings of fact, the Court will be reversed on appeal and remanded with instructions to make the appropriate findings of fact.
In Jalileyan v Jalileyan, a decision released on April 1, 2009 by the Fourth District Court of Appeal, the Final Judgment of Dissolution of Marriage was reversed because the trial court made an unequal distribution of marital assets by awarding the Former Wife an unequal distribution of the marital assets without any factual findings to explain or justify the award. Additionally, there was no competent substantial evidence to support the unequal distribution of marital assets.
In Broward County and in the State of Florida, in order to award the Husband or Wife an equal distribution of the marital assets, the Court must consider the following and make written findings to support its award as set forth in Florida Statute § 61.075:
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