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This program was recorded on February 3rd, 2018
Florida is considered a "no fault" state when it comes to dissolution of marriage actions. This means that neither party has to show fault in order to obtain a divorce. Previously, "at fault" states required there to be a reason other than "irreconcilable differences" to grant a party a divorce. When fault was demonstrated, it could also result in the at fault" party receiving less than 50/50 for equitable distribution of the marital assets. Since Florida is a "no fault" state, even if there is infidelity, Florida will operate under the laws of "equitable distribution," which means that property acquired during the marriage (up to the actual filing of a petition for dissolution of marriage) belongs to the marriage and both parties are equally entitled to a 50/50 split, regardless of the person who earned it. The same applies to dividing liabilities incurred during the marriage, regardless of which spouse incurred the debt. All assets and debts are essential pooled into a pot and then equally divided, unless there is justification for an unequal distribution.
Michelle Hutt is a seasoned Florida Family Law attorney with over ten years of experience. For the last four years, Ms. Hutt has been listed as a Rising Star by Super Lawyers. Thomson Reuters’ Super Lawyers rates outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. Ms. Hutt received her bachelor's degree in English literature from the University of South Florida and graduated from Stetson University College of Law. Ms. Hutt was in private practice since graduating law school until January 2018, when she opened her own boutique law firm. Ms. Hutt's personal goal is to help families navigate through the various family law matters that arise within their lives.