DOM Flashcards
What are the grounds for dissolution of marriage?
- Florida is a no fault state
- the only grounds are (1) marriage is irretrievably broken; or (2) spouse is mentally incompetent
How can a party challenge a dissolution?
- Denying that the marriage is irretrievably broken
- Judge has discretion to stay proceedings for up to 3 months and order couples to attend counseling, but this isn’t mandatory
- once court determines the marriage is irretrievably broken DOM is granted
What must a spouse show if grounds for DOM is mental incompetency?
That their spouse has been mentally incapacitated for at least 3 yrs
Property Division upon DOM:
- Florida is an equitable distribution state
- The presumption is a 50/50 split of marital assets, but the court may give either spouse more or less if doing so is equitable under the circumstances
What are the two steps when dividing property after divorce?
(1) Categorize the assets (marital v. non marital)
(2) Distribute the assets
What property is categorized as non marital?
property acquired BEFORE marriage; gifts/ inheritance to one spouse in that spouse’s sole name; property exchanged for separate property; passive income from separate property; pain and suffering recovery; and any property identified in a pre/post cup
What property is categorized as marital property?
property acquired during the marriage; increase in value of non marital assets due to efforts of either spouse; intefspousal gifts during marriage; vested and non vested benefits; funds accrued during marriage in pension/ retirement plans; TBE property;
What factors does the court consider when making equitable distribution?
age, physical and mental health of spouses; income; education; job skills; custody of children; contribution to family’s economic success; dissipation of marital assets
-court has a lot of discretion and these factors are nonexclusive
Can a property settlement arising from DOM be modified?
No, this is a final settlement
