Asset Division: Deciding Who Gets What

Similar Posts

  • When Relationships Go Bankrupt, the Obligations Do Not

    Few things are as certain in life as the reality that divorces are not only emotionally draining, but financially exhausting as well. Similarly, few couples make it through a divorce without some financial hardships. Even if just a minor reduction in credit score or the loss of equity in a vehicle, divorce hurts the wallet. For this reason, it is no surprise that many divorcees ask their divorce lawyers how they might use bankruptcy to either reduce or eliminate support obligations. Ultimately, however, this is not possible. Under the U.S. Bankruptcy Code (11 U.S.C. 523(a)(5) and 11 U.S.C. 101(14A)), “domestic obligations” cannot be discharged in a bankruptcy. Of course, this makes sense. If you were not getting divorced, to the extent you are able, you…

  • Neutralizing Feuds Through a New Approach to Divorce

    The structure of traditional divorce litigation unfailingly puts spouses in fight mode, and often forces them to challenge every demand or request made by the opposing side. As a result, many spouses will emerge from the legal process even more disconnected and set against each other than when they started the divorce. Not only is this approach emotionally draining and continually stressful, it is also very expensive, and could leave both parties feeling they did not receive a fair and balanced result. One alternative method that promotes civil discourse over divisive confrontation is collaborative divorce. While it is nearly impossible to completely separate the emotion provoked by ending a marriage, sorting out how to disentangle two lives can be accomplished in a respectful and productive…

  • From Domestic Partnership To Marriage: What Changes

    Since the landmark Obergefell decision granting marriage equality to same-sex couples, many same-sex couples have chosen to marry, though some have chosen to stay in an unmarried domestic partnership.  If you and your partner are interested in getting married, there are certain things about your legal relationship that will change. Florida’s Law Same-sex marriage has been legal in Florida since January 2015, but between challenges at the local level, and the disinclination of many couples to marry while still not legal nationwide, the number of same-sex marriages in the state did not begin to rise significantly until after the Obergefell decision.  More recently, the number of same-sex marriages has begun to increase as acceptance is becoming universal. Equality Florida estimated that the state’s marriage rate…

  • What To Look For In A Divorce Lawyer

    Divorce is a time when even the best among us need assistance.  The complexity of the law means that you will require a good lawyer, but we must also remember that an lawyer has specific jobs to perform, and you must find a lawyer you feel comfortable with.  If you are lawyer shopping, it is imperative that you understand what type of personality will give you the type of service you want and deserve. Respect and Realism An ideal divorce lawyer respects her clients.  This means, as one might expect, that your lawyer will treat you with respect not only when you are a prospective client, but also once she has your business.  This also means that you are not the only one she will…

  • Three Things People Don’t Expect to Fight Over in a Divorce

    When it is time to call it quits on a marriage, couples have certain expectations – some positive and some negative. Divorcing couples might expect to get some of their time and energy back after years of constant fighting. They may also expect some financial setbacks. But there are also those things people would never imagine having to think about, let alone fight over, when splitting up. Here are just three of them. #1 – Who gets the pets? Americans likely love their pets more than those in any other country in the world. In fact, according the 2011 Pet Ownership and Demographic Sourcebook, there are approximately 70 million pet dogs and 74 million pet cats in America. What’s more, pets are central to our…

  • The Collaborative Process Controls the Costs of Divorce

    Divorce brings up a lot of emotional and financial concerns as each spouse figures out how to move on from the marriage. Finances are a particular worry for many couples because, coupled with the necessary adjustments caused by losing income, there is the additional issue of how to pay for the cost of the divorce process itself. This concern can push some spouses to consider handling their own divorce case, but this choice could easily lead to years of post-divorce litigation, as one party learns over time the final settlement was unfair or inadequate under the circumstances. Traditional litigation is the option most people associate with divorce, and this route can lead to high legal bills depending upon the number of contested issues in a…