Friday, November 6, 2009

More on Automatically Stopping Transfers of Property

Florida Divorce * Child Custody * Domestic Violence Law Lawyer also picked up on the news I reported in Divorce and Restraining Orders - an Idea from New York. I am adding this to show how Florida handles this issue(which is the same as Indiana).  Here are the highlights from Look, Florida (and Other States): New York Legislates Automatic Protection of Marital Assets During Divorce Case

In Florida, things currently work exactly the opposite way. (Except in certain counties that automatically impose a restraint along the lines of the New York statute.)

In most of Florida (including Broward and Palm Beach counties) today, if either spouse wants the court to restrain the other from transferring marital assets, the spouse seeking the restraint must go to court – to try to persuade the court to do it.

The New York legislation saves both spouses litigation expenses, unclogs the courts a bit and preserves the marital assets (or estate) from the get-go of the divorce case.

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