How to Safeguard Your Assets in a Divorce

Under Florida law, assets and liabilities are distributed in a fair and equitable manner in the event of a divorce. So, how does one protect one’s assets, especially premarital or inherited possessions or properties? The first step would be to hire anexcellentdivorce lawyer– someone experienced in property distribution duringdivorce. There are two main methods you can try to protect yourself: Keep your assets separate: The distribution of property applies to only marital assets. So, keep your other incomes or property completely separate. If you put your prior income into a joint account with your spouse, it becomes part of the marital property. Similarly, if you use marital assets, such as money from a joint account, for the maintenance or upkeep of your premarital property, it becomes a marital asset. Prenuptial/postnuptial agreements: This can also protect your incomes and assets post-marriage. Under such a contract, the couple comes to an agreement on the distribution of their assets and liabilities in the event of a divorce. This is becoming an increasingly common route to protect one’s assets. Couples with children often sign such contracts to protect their children’s inheritance. However, it is critical that both parties understand and agree to all the terms set in a pre- or post-nuptial contract. Hiring a divorce lawyer in Davie is highly recommended to assist in such situations.  ...

Division of Assets and Liabilities in a Florida Divorce

The most contentious issue in most divorce cases is the division of assets and liabilities. The court prefers if both parties can come to an amicable agreement to this distribution. If this is not possible, the court will step in. Whether it is an amicable or a court-imposedsolution, hiring a divorce attorney in Weston is critical to see that your interests are protected. Equitable distribution of assets The rule that governs the division of assets and liabilities is the equitable distribution of property. Unlike community property laws where assets and liabilities are equally divided between the divorcing parties, here the division is based on equitable distribution. It means that the assets and liabilities are to be divided among the two parties in a fair and equitable manner. “Fair and equitable manner” means that there are no set rules for the distribution of assets. The court will decide the distribution according to several factors. This makes the distribution of property one of the most keenly fought issues, one where a good divorce attorney is invaluable. There are two important factors to consider in this case: The distribution of property applies only to assets acquired after marriage. Assets owned prior to marriage are usually excluded, unless marital income was used to maintain or upkeep such assets or properties. This also includes the division of liabilities. Debts acquired during the marriage are also to be equally...

Infographic : Common Issues During the Divorce Process

The infographic below describes issues related to divorce: financial conditions, custody arrangements, and more.To begin the divorce process, one spouse will file a divorce petition, and then both spouses will come to an agreement that divides any property or responsibilities, including the custody of a child. Financial issues, such as dividing assets (i.e. bank and investment accounts), or dividing debts (i.e. credit card balances and loans) may arise. Spouses not only divide assets and liabilities amongst them, but also property. If the spouses cannot come to an agreement, the courts will decide on how to distribute the assets. If the spouses can bring the court an agreement thatis considered fair for them, both spouses, and any children, it will likely be approved. To learn more information about the divorce process, refer to the infographic...

Getting Sole Custody in Florida

Although the courts no longer use this term, sole custody refers to the custody agreement where one parent has sole responsibility of their child or children. Typically, Florida courts will rarely award a parent with sole custody. The courts prefer to award shared parental responsibility where both parents have custody of their children, including time sharing and making decisions. If you are determined to fight for sole custody, you will need an experienced child custody attorney Westonto help you. In extreme cases, courts will usually reduce the rights of the other parent, including supervised visitations and less say in critical decisions. This is known as sole parental responsibility with limited time-sharing arrangement. Understanding sole parental responsibility Sole parental responsibility means making decisions or having the authority to overrule the other parent’s decision for your children. It mayalso grant the authority to decide how often, when, and where the other parent sees the child and who will be around to supervise the visit. The courts in Florida rarely award sole custody where the parental rights of one parent are terminated. The exception to this is in certain circumstances where one parent has provided compelling evidence that shows that the other parent is a danger to the child’s wellbeing. Some of these compelling situations are: When the parent has surrendered his or her rights When the child’s well-being is in danger under the supervision of the other parent When the parent is incarcerated When a parent has abandoned the child and has not attempted to get in touch When the child is adjunct dependent When there are extreme circumstances, like neglect...

How to Secure Your Assets During a Divorce

During a divorce Davie settlement, protecting one’s assets is a high priority for both parties. Since Florida enforces ‘equitable distribution of marital assets and liabilities,’ your marital assets will be split according to what the court determines an equitable distribution to be. Here are the best ways that you can protect your assets in a divorce: Getting a prenuptial/postnuptial contract If you own substantial assets and properties or have a large income, most attorneys will recommend that you get a prenup before getting married. Doing this can help tremendously in a divorce case. You can also get a postnuptial contract after the marriage to further protect your assets; however, these agreements must be made legally and by an experienced attorney to avoid future complications. Protecting oneself If you do not get a prenup, there are other ways you can try to protect your assets. First, take an inventory of all the valuables and properties you own. Go through ownership pattern in properties and get these evaluated. Get proofs of gifts and inheritances. Make sure that all your business documents are properly documented and transparent. Hire an attorney Hire an experienced divorce Davie attorney. Having a lawyer’s assistance and experience in sorting your documents and determining what would be best for your situation can be a big help during a divorce. Whetheryour case goes to mediation or trial, you should have an experienced lawyer by your side to represent...

Divorce in Florida

The state of Florida refers to divorce as a dissolution of marriage. If you are considering divorce, you should hire a divorce attorney Davie to help represent you in court. Here are some facts about divorce cases in Florida: Residency:At least one of the partners must be a Florida resident for a minimum of six months. The only exception are members of the Armed forces who were stationed in the State. Collaborative divorce: Collaborative divorce is usually a less expensive and quicker route to end things with your partner. If you both can agree on the terms of your divorce, you can get divorced without going to trial. Filing for divorce: To begin, one of the partners must file a “Petition for Dissolution of Marriage” with thelocal circuit court Family Department. The other spouse is then served with the paperwork. The divorce will not have to reach a trial stage if both partners can agree on the distribution of assets, debts, and responsibility of children (if any).In case of any disagreement, the case can be decided in trial. Asset distribution:Florida law follows the principles of equitable distribution of property. Alimony is decided based on the length of the marriage, the standard of living, the physical condition of both partners, and other factors. SHARED PARENTAL RESPONSIBILITY:Florida no longer recognizes the term “Custody”.  Florida usually grants shared parental responsibility to both parents. There are some instances where a parent will be granted sole parental responsibility; however, that is rare and is usually granted under special circumstances. Timesharing between the parents and minor children will also be determined by several factors.  Either...

How to Make Changes in a Custody Plan

For parents seeking divorce in Weston, at some point, a parenting plan will need to be drafted. A parenting plan is a detailed document outlining each parent’s responsibility and duties, such as who has the child on specific days, and other specifications. The court may allow for changes in the plan if circumstances make it necessary as stated in Florida law. While you can write this document yourself, it is recommended that you hire a child custody attorney Weston who can ensure that the document is written correctly. If there needs to be any changes, your attorney can handle that for you. Here’s a guide on how to make these changes: When both parents agree: You can expedite the process if your partner agrees to the changes;however, a judge must still ratify them.  To make the changes, download a plan form from the Florida Supreme Court website. Note that there are special plans available for long-distance, as well as safety-focused requirements. Sign the parenting plan in front of a notary public. The parenting plan is then submitted in the court for a final hearing where a judge will review it. When the parents do not agree: In this instance, you must file a petition with the court. Parenting plans can be modified when a substantial change has taken place since the original plan was finalized. When asking for changes, make sure to clarify how these are in the best interests of the child. Hire a lawyer: If the other parent is unwilling, consider hiring a child custody attorney Weston. Keep in mind that the other party will probably also...

Infographic: Discuss These Things with Your Divorce Lawyer

The infographic below describes different issues related to children, property, spousal support and other aspects of a divorce case. Divorce is a difficult time for families. Disputes over property a couple has acquired throughout their marriage, child support, alimony, and creating a parenting plan are some of the things that you must take care of during that time. Luckily, divorce lawyers in Davie can assist you with the legal aspect by representing you in court, building a strong case for you, and providing you with legal advice to help you make well-informed decisions. It is not recommended to go into your divorce without legal representation. Contact your local divorce Lawyer in Davie to answer all your questions and help guide you through the divorce process. For an idea of the things you will need to discuss with your attorney, refer to the infographic...

Why You Need a Good Divorce Lawyer to Handle Your Case

The divorce process can be mentally and physically draining. You must consider many things that you never would have thought of otherwise, such as alimony, splitting shared assets, time sharing if children are involved, and more. Gathering the documents for your case can become overwhelming, which is where an attorney would step in. A divorce lawyer in Davie can help you understand all related aspects and the best ways to approach them. In some divorce cases, the ex-spouses cannot come to an agreement. If this happens, your lawyer will be able to help you during this time. Why Choose a n Experienced Lawyer? A lawyer can only do as much for the case as you will let them. It is important that you disclose all the information of your case to your attorney so that they can build the best case for you. You want to find a lawyer that is empathetic, experienced, and patient to assist you and help you make well-informed decisions. Their knowledge about related laws along with their research for your case will be vital in how they represent you in court. What Else Can They Do for You? Your divorce lawyer might recommend reconciliation if it is something that you are considering. Especially if there are children involved, your lawyer should want to make sure you are making the best decision for you and your family. If reconciliation is a possibility, you should talk to your lawyer about the options you have. If you are completely sure about moving forward with your divorce, then your attorney will help you with every aspect along the...

How a Divorce Attorney Helps Prepare Your Case

Going through a divorce is a difficult time for any couple. While your emotions may be all over the place, you still must go through the divorce process to reach a settlement. A divorce attorney in Weston can help represent you in court and can answer most of the questions you have about the legal guidelines. Discretion and professionalism are two of the most important aspects for the right lawyer to have when taking on your case. A good attorney would know just how to help you seek the most favourable outcome for your case. When hiring a divorce attorney, you must be as transparent as possible: disclose everything that can affect the case both positively and negatively. How Can Your Attorney Help You? Your attorney will be the person with the most experience to help assist you in your case. They can help you understand everything, from preparing your documents to providing any other insight as the case progresses. With their assistance, you can: Understand the intensity of a divorce case and how to best handle it Seek your claim on any shared property, including real estate, from your partner Seek alimony if you are/were solely dependent on your partner or do not earn as much Seek child custody, alimony, or visitation, as applicable Discuss any possibility of a reconciliation Be relieved of stress if you were going through this process without legal...