Our Blog

24
Jun

What Does “Equitable Distribution” Mean in a Florida Divorce?

What Does “Equitable Distribution” Mean? If you are beginning the divorce process in the state of Florida, you certainly have questions about how the division of assets and liabilities from your marriage will be handled. Florida operates under the laws of “equitable distribution” as the way that spouses divide their property and debts in a divorce. Equitable distribution means “fair” division, but does not necessarily mean “equal” division. While it may be possible for the parties involved in the divorce to come to a mutually-acceptable agreement about how assets and liabilities will be divided, in many cases, when an agreement can’t be reached, a judge will step in. Unfortunately, this of ...

12
Apr

Should You Date While Divorcing?

Each Situation is Unique, But Generally We Advise Against It This is a frequent question we receive from our clients. Since the circumstances surrounding each divorce are always so different, it is tough to answer definitively. However, taking into account all of the different scenarios we have encountered that include a third or even fourth party’s involvement, In Law We Trust, P.A. generally advises that during your divorce process you exercise a degree of caution and restraint with regard to dating. Even if you think the separation is amicable, most likely there are still unsettled emotions involved and you don’t know for sure how your wife will react. The last thing you need is to creat ...

24
Jun

Dividing Property Debt During a Divorce

Start With an Appraisal of the Property One of the common challenges that many couples face during divorce is how to handle property debt or a mortgage associated with the family home. There are a few options about how to move forward, but first and foremost it is important to have an appraisal of the property for determining the current value, if there is any equity in the home, and if so, how much. The difference between the current market value and the amount of debt or mortgage on the property will determine the equity. Equity can be affected by the amount of the original down payment, any refinancing, home equity lines of credit, when the property was originally purchased, and how lo ...

06
Jun

How Are Bank Accounts Split in a Divorce?

How Do Courts View Separate Bank Accounts in a Divorce? There are many misconceptions about the division of property during a divorce, and some of those misconceptions have to do with the division of bank accounts. You should be aware that the name on a bank account doesn’t necessarily dictate who will receive those funds. The divorce court judge will determine whether the funds are joint property or one spouse’s separate property by applying Florida state law. Not only with regard to bank accounts, but getting what is rightfully yours in a divorce, no matter whose name is listed on the asset, can be complicated. Consult with an experienced divorce lawyer regarding the protection of your fi ...

18
May

Should You Give Up to Just Get a Divorce Over With?

Compassionate & Aggressive in Our Representation to Your Benefit Divorce is often a very stressful process and can become extremely complicated by disagreements about parenting time, child and spousal support, the division of assets, and the actions of a difficult soon-to-be ex-spouse. In Law We Trust, P.A. approaches each client’s case in a pragmatic way. Not only are we known for our legal expertise and vast knowledge of family law and divorce, we are compassionate, aggressive in our representation, and always keep the overall best interests of our clients at the forefront. While it is never our intent to complicate the process, there are many things involved when dealing with an individu ...

12
May

Should You Date While Separated During A Divorce?

Each Situation is Unique, But Generally We Advise Against It This is a very tough question, especially since the circumstances surrounding every divorce are always so different. We have seen the gambit of situations that include a third party’s (or even a fourth party’s) involvement before or during the divorce process, as well as emotional and intellectual responses from either or both spouses that range from relief, to acceptance, to indignation and worse yet even uncontrolled rage. Taking into account all of the different scenarios we have encountered, In Law We Trust, P.A., generally advises that during your separation period, you don’t openly date somebody else. We really feel, from o ...

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