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08
Apr

Documents to Assemble When Preparing for Divorce in Florida

Stay Focused - Organize All Necessary Paperwork While this is a very emotional time, it is important to stay focused during the entire process of divorce. In the early stages, one of the most significant things you can do is to gather and organize all of the necessary paperwork. When you meet with your divorce attorney you should have as many of the critical documents as possible already in order. The exact paperwork you will need for a divorce will depend on whether your divorce is contested or uncontested. More paperwork will be required in a contested divorce, so it is always best to be well-prepared. The attorneys of In Law We Trust, P.A., who specialize in divorce for men, are specifica ...

24
Mar

Retirement Plans and Divorce in Florida

Separate Property vs Marital Property The way in which retirement benefits are divided as part of a divorce settlement in a Florida divorce can be quite complicated. It is important to know that the court only considers retirement or pension funds that were accrued during the marriage as marital property. Any money that either spouse deposited or earned before the marriage, or after the divorce, is considered separate property. Therefore, as separate property, it is not subject to the court’s process for division of marital property. The courts use various methods to arrive at the actual amount of a retirement plan or pension that was earned during the course of the marriage. The factors ...

08
Nov

How is Marital Property Typically Divided in a Florida Divorce?

Always Seek Representation When Dividing Up Marital Assets The division of marital property can be one of the toughest aspects of any divorce, and that is why, even in what seems to be an amicable situation, it is best to seek legal representation when considering a divorce. Sometimes divorcing couples can agree about how to divide their property either on their own or with the help of a mediator and the courts will generally uphold these agreements. However, if a couple can’t reach an agreement, an arbitrator or judge will decide and take into consideration a variety of circumstances including the following: Length of the marriage Economic status of each of the spouses If the ...

18
Oct

Determining if Your Home is a Marital or Non-Marital Asset

What Will Happen to My Marital Home in My Divorce? The marital home can be one of the most important assets in a divorce settlement. Be aware that if the property was individually acquired before the marriage, it should to be treated as separate, non-marital property and will not be subject to an equitable distribution. However, very often, the separate property may become classified as marital property due to various circumstances and that changes everything as far as asset division. If both spouses are listed as owners, if equal access to the separate property was granted to both spouses, or if the separate property has been commingled with marital assets, then that property may become ma ...

15
Sep

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

If you are about to go through a divorce in the state of Florida, you probably have several questions about the division of assets and liabilities. First, it is important to understand that Florida operates under the laws of “equitable distribution,” which 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 to divide assets and debt. Unfortunately, this often results in one or both of the parties being very dissatisfied. While it might be presume ...

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