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Is Florida an equitable distribution state in divorce or not? What law(s) give judge discretion to deviate besides 61.075?

Stuart, FL |

Gave 90% to ex, 10% to me. Considering appeal. Seems obvious on surface that this is not FS 61.075 intent. But I have found that the word "discretion" is like a bottomless pit...
Ohh and yes, I know I should consult an attorney and if you know anyone who does pro bono work in this area please let me know. Fixed income P&T disabled vets can't afford the legal system.

Attorney Answers 2

Posted

You should inquire as to whether you qualify for status as an indigent for appellate purposes. (Did you have an attorney at trial?) The difficulty of doing an appeal yourself is something that you should consider with great caution.

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Posted

Not going to qualify as indigent... just don't have the funds that ex had to compete on an equal footing... she spent $105K plus I spent $7k ran out of money and out of attorney... Besides filing fees and her atty costs if appeal is denied?

Robert P Garven

Robert P Garven

Posted

Are you looking to start an appeal now? That would involve the trial transcript cost (if there is one). How long was the trial. One issue only?

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Posted

Robert yes I am looking. The trial was 2 days. I have paid for and received the 40 page "judges summary" as well as the final judgment. The summary and final judgment are at odds (I was actually satisfied when I left court). I understand that the court can say one thing then do another in the final decree. My case simply (right!) revolves around a grossly inequitable distribution of the marital estate for no apparent reason...

Robert P Garven

Robert P Garven

Posted

contact me via website if you like.

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Posted

done

Posted

I have never that great a deviation. I suspect there are some circumstances that led the court to make this one sided a decision. Moreover, I suspect it's closer to 50/50 than you relate.

Answers to questions are for general purposes only and do not establish an attorney-client relationship. www.wesleychapelawyer.com

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Posted

Since I have a BSBA in Accounting from THE Ohio State University (LOL). I suspect I have much firmer grasp of asset and liability analysis than you may imagine. As per circumstances, the Final Order certainly didn't outline any and specifically none for such a great deviation...

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