Divorce

What You Should Know About Division of Assets in a Florida Divorce

The division of assets is one of the most difficult areas in any divorce proceeding. Although there are rules in place, divorce cases can get stuck for several reasons. Hiring a Weston Florida divorce attorney can really help to understand the rules in place and to ensure that your best interests are protected at all times. Florida is an equitable distribution state, but equitable doesn’t mean equal. It means a fair division of property. If a settlement cannot be reached, the court will decide how to distribute the marital property. The court will usually look at the financial condition of each partner in determining what is ‘fair’. The division of property or assets also includes the division of liabilities. So, if your marital property is up for equal distribution, remember that the debt will also be equally divided. You can apply for an inequitable distribution of property. The request must be supported with justification and must be filed during the discovery process. For instance, a financially weaker spouse can request for a greater share by proving how he/she supported the other’s career or their contribution to household maintenance and care or their future earning capacity. The judge has the discretion of making an unequal distribution of property if there is enough evidence to show that it is a fairer decision. The allocation of assets will also take into account child support, parental responsibility, the parenting time-sharing agreement, and alimony awarded. These factors also add to the earnings of each spouse. The distribution of assets only applies to marital properties. However, non-marital properties can also be subject to asset distribution if marital...

Infographic: What to Look for in a Divorce Attorney

This infographic titled ‘Finding an Experienced Divorce Attorney for Your Case’ illustrates the qualities of a good, experienced attorney. The information can help you select the right attorney for your divorce which can potentially save you money and ensure a fair settlement. Traits of a good attorney Specialization: A good divorce attorney will focus on building their practice primarily on marital and family law matters. By building a specialized practice their entire agency understands the requirements in a divorce case and the best way to handle individual cases. Record: The common perception of a good divorce lawyer is that they have all the traits of a shark. Remember, when you want someone fighting for you, the shark is what you want. A good divorce lawyer builds up this reputation through a proven record in court fighting fiercely for their clients. Honest opinion: A good lawyer may discreet with others but will be completely honest with you. Your attorney will give you an honest overview of how the information you have disclosed will affect your case. Experience: Pick an attorney with experience in dealing with divorce cases in your state. Choose someone who is experienced in trial and mediations. Why experience is important There are two important qualities you get when you hire an experienced attorney: An experienced attorney understands state law and its nuances. They have extensive knowledge of case histories, and how they were won or lost in court. They are familiar with the judges and their rulings and how it could affect your own case. This experience is critical when devising strategies for your own case. An...

Why Divorce Mediation May Be the Best Solution

A divorce doesn’t have to be acrimonious. It can be settled peacefully and amicably even when both parties can’t stand each other through mediation. Ask your divorce lawyer in Davie to arrange for mediation. There are many benefits to mediation: Less expensive: A court case can become very expensive. When we add up the expense of lawyers, court fees, depositions, trials and witnesses, the total sum can be shockingly high. The expense can climb up further if the case becomes acrimonious and is extended. The goal of mediation, on the other hand, is to resolve the matters quickly. Amicable atmosphere: Unlike a court case, mediation takes place in a less formal setting, in a more amicable atmosphere. Both parties and the divorce lawyer in Davie discuss the different issues with a mediator. Court cases are usually on an attack-defense mode. But during mediation, the effort is to see that matters are settled in a peaceful manner where both parties can come to an agreement. Confidentiality: Like all court cases, a divorce case is a matter of public record where all the proceedings are open to the public. Mediations are private and confidential.  This is a huge benefit that allows parents to keep their acrimonious disputes from their children. Need for a lawyer It is not necessary to hire a divorce lawyer in Davie for mediation. But it is always prudent to do so. To begin with, the other party may have a lawyer and it can help to have someone in your corner. A lawyer can explain every nuance of the mediation. Most importantly, an attorney will ensure that...

3 Things To Know About Divorce in Florida

If you have decided to file for a divorce in Broward, there are some essential rules you must know. If you do not follow the laws of divorce in Broward, you may jeopardize your own interests. Here are a few essential facts: Residency: In order to file for a divorce in the State, you or your partner must be a resident of Florida for at least six months prior to the filing. You will need to furnish legal proof of residency. The only exception to this rule are members of the Armed Forces. Disclosing martial assets: You and your spouse will be required to fully disclose all marital assets, which are all assets acquired during the marriage. Marital property is subject to equitable distribution under the Florida law. Marital assets acquired before the marriage are generally not applicable. No fault state: Florida is a no-fault state, meaning that in order to obtain a divorce Broward, neither party must prove any ‘fault’, other than a desire to divorce. The only necessity is to demonstrate that the marriage is irretrievably...

Infographic : What Your Divorce Attorney Expects from You

This infographic titled “Things your Divorce Attorney Needs to Know from You” details the kind of disclosures you must make to your divorce attorney before starting any proceedings. These details are essential for a Weston divorce attorney to secure a favorable verdict for you. Every attorney expects you to be honest and logical in your approach, know what you want, and not hesitate to ask questions. Be honest About your marriage: Discuss the relevant details of your marriage with your attorney. Be honest about what happened, even if it puts you in a negative light. What led to the breakdown of the marriage and what were your reactions? About your finances: Divorces often involve important financial issues. You may need financial documents to clarify and prove your own capabilities. For this, you will need to put together all your financial documents. This is primarily your own responsibility. You must keep all these papers ready. You also need to be completely honest about your assets and liabilities. Hiding any assets may prove counter-productive if the facts come out later. Be logical Divorce cases can be acerbic, and many people start making absurd demands out of spite. But this can end up costing you more in the long run. Ask questions A lawyer’s job is to give you legal advice and will appreciate clients who want to know what the law says, how it applies to their case, and how it affects them. So, do not hesitate to ask questions. Your lawyer expects and appreciates it. Know what you want Your lawyer is there to help, but he cannot help you...

How to Enforce Alimony in Florida

The purpose of alimony is to help the more financially dependent spouse attain self-sufficiency after a divorce. But what do you do when your ex refuses to pay for financial support? Start by contacting your divorce lawyer Davie. In State If your spouse lives in Florida, begin by filing a Motion for Contempt in the same case court where the alimony was awarded. However, you should be prepared to prove that your ex can pay the alimony and that there are no new circumstances that may hinder them from paying since the settlement. Out of State If your spouse does not live in Florida, you may have to track him or her down. If the divorce did not take place in Florida, once you locate them, you must start the process for alimony in the state in which they reside. If the divorce took place in Florida and the court retained jurisdiction, the alimony proceedings would remain in Florida. Get a copy of the original alimony order. If possible, get a copy of the court’s judgment for unpaid alimony as well. Your divorce lawyer Davie can help you complete these forms and ensure that they are completed properly. Make copies of the form and file the original. In some states, the court clerk will mail a copy to your ex, while in other states, you may have to serve them with it. In some cases, the order will be confirmed immediately, while in others, you may have to go through another court...

6 Qualities You Should Look in a Divorce Lawyer

Family law matters can be difficult and emotional for everyone involved. These disputes, especially divorce, can cloud your judgment, leaving you with tension and stress. If you and your spouse are ending your marriage, you should seek the assistance of an attorney for your divorce in Davie. Your attorney will have experience in dealing with these situations and can help you throughout the process. When beginning your search, seek referrals from friends, family, and colleagues. Every divorce attorney in Davie may have a different work style so you want to find someone who makes you feel comfortable, is experienced, and can seek the most desirable outcome for you in court. Things to look for Here are some of the main qualities you should look for when searching for the right attorney: Qualifications: A good lawyer will have the right qualifications to handle divorce cases and other family law matters Proficiency: He or she should be experienced and proficient enough to handle your specific case. Adaptability: Your lawyer should be able to adapt to situations and help put you at ease with your situation. Comfort Level: You should feel comfortable disclosing sensitive details related to the case with your attorney Approach: Their approach should be positive, and they should let you know how they plan on building your case Empathy: A good lawyer will know how and when to empathize with you during this difficult...

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...

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...