Thompson Crawford & Smiley PA

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(850) 386-5777Call Visit WebsiteVisit Website Map & DirectionsDirections1330 Thomasville RdTallahassee, FL 32303 Write a ReviewWrite Review

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Mon - Thu:	7:30 am - 5:00 pm
Fri:	7:30 am - 12:00 pm

Thompson Crawford & Smiley PA

Family Law

Divorce
In a dissolution of marriage, family law courts are considered courts of “equity” that base its decisions on what it determines to be “fair.” During the divorce proceedings, the court will make what is called an “equitable distribution” of marital assets and marital liabilities. In determining equitable distribution of assets and liabilities, the court will look to statutory provisions in Chapter 61, Florida Statutes as well as to how this has been interpreted by Florida courts. The statutory provisions and cases demonstrate that the court must first determine which property and which liabilities are marital and which are non-marital. In simple terms, assets or property obtained during the marriage are usually considered marital assets regardless of how these assets are titled. Similarly, debts arising during the marriage are considered marital liabilities regardless of whose debt the name is in. There are some exceptions to this general rule, such as an inheritance which is not commingled with marital assets. In that case that inheritance may be a non-marital asset and will not be subject to division by the divorce court. In addition, the determination of marital property and liabilities may be resolved differently if the parties have a Pre-Nuptial Agreement (also known as a Pre-Marital Agreement). Once the determination is made of whether property is marital or non-marital, Florida Statutes, Chapter 61 requires the court to start with the premise that the division should be equal. However, the court may make equitable adjusts to this premise based on considerations set forth in Chapter 61. Some of these considerations include the length of the marriage, the economic circumstances of the parties and the contributions to the marriage by each spouse. Notwithstanding these statutory guidelines for distribution of marital assets and liabilities, ultimately the court has significant discretion in how to make an equitable distribution. For this reason, in contested divorce proceedings involving significant property or liabilities, a spouse should retain an experienced family law or divorce attorney to protect his or her rights in obtaining an equitable distribution.

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Centerville (15 miles)

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General Info

A full-service law firm for the individual & business. Thompson, Crawford, Brown, and Smiley was formed in 1993 by Thomas R. Thompson, William H. Crawford, and Scott W. Smiley. The firm provides its clients a wide range of legal representation in and throughout North Florida at reasonable rates in the areas of commercial law and litigation, automobile accident and tort defense, divorce, custody and support, probate, real estate, bankruptcy, and construction law. Our attorneys have practiced in all state and federal courts throughout Florida and Georgia. The partners have extensive litigation experience that includes appearing as lead counsel in literally hundreds of jury and bench trials.

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TollFree: (800) 342-8060

Phone: (850) 391-6313

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Thompson, Crawford, Brown & Smiley

Crawford William H

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http://www.tallahasseetriallawyer.com

https://tallahasseetriallawyer.com/locations-2

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Phone: (850) 386-5777

Address: 1330 Thomasville Rd, Tallahassee, FL 32303

Website: http://www.tallahasseetriallawyer.com

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