There are a number of factors the court will consider when dividing assets and liabilities during a divorce, such as:.
- Divorce Laws in Florida.
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- Divorce Laws in Florida.
If a marriage lasted only a short time, the judge in the case may be reluctant to award one spouse money which was primarily earned by the other. The judge may consider awarded alimony, child support, age, general health, training and employment when dividing assets.
Depending on the circumstances, a judge may order the marital home to be sold, and the proceeds divided. When minor children remain at home, this can be a fairly common determination.
If one spouse feels strongly about remaining in the marital home, whether there are children or not , then the judge may award the other spouse additional money or assets, or fewer debts in order to make the split at least somewhat equitable. If the house is to be sold, but the real estate market is particularly bad at the time of the divorce, the judge may allow the couple to keep the home and sell it when the market increases. If one spouse feels he or she is not going to be treated fairly by the judge during the division of assets and liabilities, it might be worthwhile to try once more to negotiate a settlement prior to handing the decisions over to a Florida judge.
Couples who can create a marital settlement agreement can divide their assets in a way that best fits their particular situation without worrying about being bound by court orders. Having an experienced Ayo and Iken divorce attorney by your side to help negotiate an equitable settlement on your part can make all the difference in the end result.
I was a little in doubt until I saw him do a deposition of my spouse. It was brutal!! From that point on everything went my way. My kids are finally safe from my drug addict wife.
Nice job. Anonymous - Lawyer Ratingz. Need assistance with this form? I hired Howard Iken as my attorney to handle my divorce case. Not only did he secure a win for me in the eventual divorce trial, he was also successful in having the post divorce trial petitions 4 filed by my ex-husband dismissed. Iken is very professional and adept at developing strategies that are favorable to his clients.
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He is organized, thorough, creative and more than willing to go the extra mile. I would highly recommend Mr. Dividing Property in a Florida Divorce. Nice job Anonymous - Lawyer Ratingz.
Who Keeps The House In A Naples, Florida Divorce?
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If form does not function, send inquiry to:. As far as the mortgage, if the spouse keeping the home cannot afford to refinance and remove the other party from the mortgage, the same problems can arise in terms of credit rating, as when the home sale is deferred. Also, if the party keeping the home defaults on the mortgage, both parties still may be sued for foreclosure, as they both remain on the loan. It's important to understand that pending the divorce, both spouses may not have equal access to the home.
This means the other spouse will be required to move out, regardless of actual legal ownership, pending the final judgment. The Court also may grant exclusive use and possession of a home to a spouse who needs it for a specific purpose, such as caring for the children more of the time or a spouse who is disabled and the home has been modified to accommodate that spouse. Simply requesting the home for sole use during the divorce because the parties no longer get along usually is not sufficient for the Court to grant that request.
If a spouse is granted exclusive use and possession of a home, the other spouse has to treat the home as though the parties were acquaintances or strangers — you must have permission to enter the home and can't expect to be let in, or to let yourself in, without permission, even if your name is still on the mortgage or deed.
If you're concerned about losing your home in a divorce, you need an experienced divorce attorney on your side. Contact us at Toggle navigation MENU. Non-marital vs.
sandtentpopzaalap.ga Then Who Gets the House? Draper Law Offices. First Name. In This Section. Latest News Hand-held phone ban while driving in work and school zones becomes a reality. I was referred to Draper Law by my father in-law after being hit from behind in an auto accident. I didn't realize, at the time, what an important decision I was making by hiring a personal injury attorney to represent me. Charles Draper took the time to explain the process and what I could expect.
His professional team was there for me every step of the way through a long, and often complicated, legal experience.
I just want to express my sincerest gratitude for all the efforts that were taken by Charlie and his team on my behalf in obtaining a settlement on my case. Emmett Street Kissimmee , FL Cloud Law Office 13th Street St. Cloud , FL