Asset Division: Deciding Who Gets What

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  • Calculating a Spouse’s Interest in Premarital Assets After Years of Marriage

    When a married couple decides to file for divorce in Florida, they should be prepared for the division of marital property. Under Florida law (Fla. Stat. § 61.075), marital property is divided in Florida according to a theory known as equitable distribution. When property is distributed equitably, it is distributed (or divided) in a manner that is fair to both parties but is not necessarily equal. In many cases, the court might decide that equal distribution would be fair or equitable, but sometimes that is not the case. Marital property that is subject to division includes both marital assets and liabilities, meaning that property of value as well as debts from the marriage are distributed between the parties. Property distribution in general can be quite…

  • Professionals you Might Meet During your Collaborative Divorce

    Many couples who choose collaborative divorce choose it because it can be less stressful and more satisfying than divorcing through litigation. A collaborative divorce is completed through a series of meetings between the couple, Financial and Mental Health neutrals and their respective lawyers, during which they create agreements about issues like timesharing, spousal maintenance, and the division of their property.  To reach these agreements, outside professionals may be brought in to make recommendations. A Mental Health Neutral A psychologist will be part of your collaborative divorce by working with you, your spouse, and your children to determine the time sharing arrangement that best serves your children’s best interests.   He or she will help you create a Parenting Plan (if you have children) or simply help…

  • Is a “Collaborative Divorce” Really Possible?

    In reality, a collaborative divorce without fighting or litigation is completely possible for many divorcing couples. With hard work and determination, most couples can come to workable agreements without the need for extended and costly fighting in court. This does, however, require careful planning and competent legal advice from an experienced divorce lawyer. Nevertheless, there are a few key considerations before seeking a collaborative divorce. The Florida Bar and other resources offer important information to know when pursuing a divorce; however, this does not replace the necessity of obtaining the services of a skilled lawyer. Will A Collaborative Divorce Mean I Don’t Have To Fight Over Things? Not necessarily. In fact, many people are completely misinformed about how a collaborative divorce actually works. First of…

  • Collaborative Divorce vs. Mediation: Key Differences

    As divorcing couples become more aware of the alternatives to traditional litigation, some are starting to demand options beyond standard divorce settlement negotiations. Especially if children are involved, spouses want more control over the terms of the outcome, and fewer reasons to generate additional negative emotion or obstacles to communication. People are often aware of mediation as an alternative to litigation because this process is used to resolve a number of legal disputes. Another option that is generating increased recognition and adoption is collaborative divorce, a process specifically designed to be non-adversarial and cater to the needs of the parties. Each process offers its own benefits and drawbacks, which should guide which one might best meet the needs and expectations of the parties. Understanding what…

  • How Does a Divorce Settlement Affect a Chapter 13 Bankruptcy?

    There are many ways your divorce settlement can affect your Chapter 13 bankruptcy and vice versa.  Completing Chapter 13 bankruptcy is a lengthy process, typically taking three to five years to complete. During this time, many aspects of your life may change, including a possibility of divorce. If you are working through Chapter 13 and considering divorce, or if you are going through a divorce proceeding and are considering filing for bankruptcy, talk to your bankruptcy lawyer about the specific ways you can expect the divorce to affect your bankruptcy. Below are a few general ways bankruptcy intersects with divorce when one spouse files for Chapter 13 bankruptcy on his or her own. The Divorce Court Cannot Divide Assets in the Bankruptcy Estate When you…

  • Collaborative Divorce: Achieving your goals without hostility

    Collaborative divorce has been increasing in popularity, and for good reason; it helps you achieve resolution in a less draining manner. While collaborative divorce can be a great help to reaching accord, both spouses still must work hard with the assistance of their lawyers. Time and Usefulness While collaborative divorce may very well be less time-consuming than standard courtroom proceedings, it will not be easy. It is not uncommon for people to believe that collaborative divorce will somehow be a walk in the park, when in reality, it is still divorce. Disengaging two people’s lives is always going to take time and effort unless the marriage has been very brief. However, the built-in benefit of collaborative divorce is that both spouses have access to a…