What is a hardship in civil law?
In civil law, a hardship is an undesired financial, physical, or emotional burden that one person has to bear because of the legal actions of another. In Florida, hardships can arise in many forms, including when a person is held responsible to pay a debt they cannot afford to repay, when an employer goes out of business and the employee is left without income, or when a family member is injured and a caretaker is needed. In civil law, a hardship is considered when the judge needs to make a decision. For example, if a person is being sued for a debt and cannot afford to pay it, the judge may consider the hardship and may order the debtor to pay less than the full amount or allow them to pay in installments. In a more extreme example, a judge can consider a hardship if one spouse is asking for a larger share of marital assets due to a disability. The Florida Supreme Court has set out specific criteria that must be met before a judge can determine that a hardship exists. This includes evidence of the hardship, the legal basis of the hardship, and the impact the hardship has had on the person. The court will also consider the resources available to help alleviate the hardship and whether the hardship was caused by the actions of the other party or through some other cause. In summary, a hardship in civil law is an undesired burden that is brought on by the legal actions of another that a person must bear, and a judge will consider the hardship when making a decision. The Florida Supreme Court has established a set of criteria that must be met for a judge to determine that a hardship exists.
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