If you could consider a challenging task, it would be living in Florida, falling under their legal status and getting a divorce. Whether the marriage broke up in Hallandale Beach or Miami-Dade County, in fact anywhere in Florida, this should be a straight forward issue. Generally speaking there is a simple rule which should solve all issues, a presumptive 50/50 split. However, in Florida, it is earnestly suggested that an attorney be involved and one who is accomplished at property division. Again, an Equitable Distribution of assets should apply.
Normally, any assets generated after the marriage with marriage labor is divided equally unless a specific reason exists. Also bank accounts and accrued leave due have a value as well as any real estate. Anything tangible for example, business stocks / shares jewelry, art, and even pets. On the other hand, liabilities may include mortgage bonds, increase property values accrued even after the marriage, or any valuables belonging to the marriage. Student loans and also any other debts, example credit cards debts and more must be weighed amongst these liabilities in order to balance the books so to speak. Non-marital assets are not taken into account such as property or equity acquired prior to the marriage unless, already mentioned, there is an accrued increase in value.
Florida attorneys approach the court with an “Equitable Division” of assets, thereafter the court will:
- Ensure the marital and non-marital assets are correctly listed.
- It then determines a value of the properties and that acquired including accrued value after the marriage and make an equitable division.
- There are a large number of factors that influence the courts decision such as the spouse’s homemaking duties, care of children, marital misconduct, which must be taken into account, divided equally, unless wanton waste has occurred, in which case it must be specified.
The decision and division of the Florida court is final and therefore it should be stressed that advice from a Family Lawyer is recommended in these cases. Some of which may be extremely complicated. The distribution of the property in this case, it should be noted, is entirely separate from child support or alimony which may be subject to change from time to time, whereas the settlement of marital assets is not.
In the case of business interests, it is difficult firstly to calculate the effort put into a particular business by either spouse. Secondly, many arguments for, and against the division in all probability precede the final court submission. Attorneys or Family Lawyers can render much needed assistance and work, to ensure an equitable solution is reached for both spouses as this cannot be changed after court rulings. Divorce issues relating to marital property are extremely complicated and the larger the estate, the more difficult and time consuming it becomes. Getting some assistance is always the best recommendation, and a good family attorney as well as team, including a forensic accountant, can take all the pressure off the spouse/s during this stressful time.
Company Name: The Law Offices of Cindy D. Sackrin
Contact Person: Cindy D. Sackrin
Email: Send Email
Address:2100 E Hallandale Beach Blvd #200
State: FL 33009
Country: United States