Temporary Property Division Orders

The divorce process can be complicated and time-consuming, especially for couples who have a contentious relationship or who have significant and diverse assets that are difficult to divide. Parties to a divorce are permitted to try and save time and money by negotiating a property settlement out of court. However, this isn’t always possible, in which case, a court will have to step in and implement a property division agreement. Unfortunately, this process can take weeks or even months to accomplish, so Florida law allows divorcing parties to request a temporary distribution of marital assets that will remain in effect until the final divorce decree is entered or while negotiations are ongoing.

If you are in financial straits and are going through a divorce, a temporary property division order may be in your best interest. Please contact a member of our dedicated property division legal team today to learn more about filing your own request with the court.

Demonstrating Good Cause

 In Florida, courts are willing to issue a temporary partial distribution of a couple’s property and debts if the petitioner is able to prove that there is good cause for doing so. Good cause means that extraordinary circumstances exist that necessitate a temporary division. For instance, if a couple has two cars, a court may order that each party retain access of one of the vehicles while the divorce is pending even if both of the vehicles are in one party’s name. Similarly, courts are also often willing to temporarily order one party to vacate the home until the divorce is finalized, so that the other spouse can remain in the residence with the couple’s children. These orders are not final, so just because one party is awarded temporary access to the house, does not mean that he or she will get to keep it indefinitely.

How Long do Temporary Orders Remain in Effect? 

Temporary property division awards are not final and in most cases, are only considered valid while the divorce proceedings are pending. Once a divorce is finalized, these orders cease to be effective and will be replaced by the court’s final dissolution order. However, temporary orders can be amended prior to the finalization of a divorce if one of the parties submits a written motion to the court requesting modification, which will only be granted if the petitioner can prove by a preponderance of the evidence that a change in circumstances has made the temporary order unworkable or unfair.

Call Today for Help with Your Divorce-Related Questions and Concerns  

If you are going through a divorce and are struggling financially, you may be able to convince a court to grant you temporary access to certain funds or property. For help filing your own motion requesting a temporary property division order, please call 954-945-7591 or send us an online message today and a member of our legal team will help you schedule a free consultation with experienced Fort Lauderdale property division attorney Sandra Bonfiglio, P.A.

Resource:

fljud13.org/Portals/0/Forms/pdfs/family/StandingTempOrderForFamilyLawCasesFebruary2011.pdf