Generally, the law gives judges significant discretion when it comes to the orders they hand down in family law cases, especially when it comes to division of assets and debts. The court can demand that a particular spouse pay a particular debt and can impose requirements regarding how to pay it, such as demanding that the marital home be sold–at least in most circumstances. However, Florida constitutional law creates some very strong protections for homestead property, and sometimes the homestead exemption protection can have an impact on a family law case. To make sure you’re not forced into selling your home when you don’t have to, be sure to retain an experienced Florida family law attorney.
As an example of a conflict between debt assignment in a divorce and the homestead exemption, there’s the recent case of S.A.S. and J.S. The pair were going through divorce in Broward County, and their divorce included issues that required the retention of a guardian ad litem. Guardians ad litem often become involved in divorce cases involving minor children if the case is especially litigious or there has been an allegation of child abuse or neglect.
In a family law case, a guardian ad litem is often a local attorney and is entitled to payment of fees for the service she provides. Many times, the guardian ad litem may be paid by the hour. The guardian ad litem’s fees are owed by the litigants, which means that this is one more marital expense that the court must decide who pays.