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  1. #1

    Default What is the Statute of Limitations on a Judgment of Divorce

    My question involves court procedures for the state of: FLORIDA

    I am going into final hearing for a 3 year divorce have questions about the attorney bills and credit card debts.

    1. If the judge orders that the credit card debts belong to me is the statue of limitations 5 years, 4 years or 20 years (since it would be part of a final divorce judgement?

    2. The attorney bills will be part of the final hearing. Are the attorney bills automatically paid out of the assets (ie retirement accounts) or are they normal bills to be paid like any other bill after the divorce. Do the bills require a charging lien to forceable have them paid in the equitable distribution?

    3. One attorney bill has a charging lien, so is it up to the judge to decide if the lien is valid or not?

  2. #2
    Join Date
    Oct 2006
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    Default Re: Divoce Final Judgement Debts Staute of Limitations in Florida

    Quote Quoting hcaebdocepac60
    View Post
    My question involves court procedures for the state of: FLORIDA

    I am going into final hearing for a 3 year divorce have questions about the attorney bills and credit card debts.

    1. If the judge orders that the credit card debts belong to me is the statue of limitations 5 years, 4 years or 20 years (since it would be part of a final divorce judgement?
    There isn't really a statute of limitations per se. If you are ordered to pay the credit card debt in the divorce, and you do not do so, and the other party's name is also attached to the debt, then if you do not pay the debt you damage their credit and therefore breach the divorce settlement. Basically the judge is not saying that the debt is yours, the judge is saying that you must PAY the debt.
    2. The attorney bills will be part of the final hearing. Are the attorney bills automatically paid out of the assets (ie retirement accounts) or are they normal bills to be paid like any other bill after the divorce. Do the bills require a charging lien to forceable have them paid in the equitable distribution?

    3. One attorney bill has a charging lien, so is it up to the judge to decide if the lien is valid or not?
    Each party normally pays their own attorney fees. It is possible for a judge to require one party to pay the other party's attorney fees but that is more the exception than the rule. Attorney fees are usually pay as you go, with the final amounts paid after the fact. They are not "taken" from the marital assets. However if one of the attorneys has place a lien on something then yes, it would be up to the judge to decide if the lien is valid.

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