Palm City Divorces Lawyer

Divorce can be stressful and difficult emotionally, but it often leads to practical legal concerns as well. Here’s how hiring a Palm City divorces lawyer can help.

At Apfelbaum Law, our experienced Florida divorce attorneys frequently meet clients who are concerned about things like child timesharing, distribution of property, or spousal support. There are many things to consider, and sometimes the legal options may be complicated and confusing.

At Apfelbaum, we recommend couples planning a marriage consider a prenuptial agreement, as it may reduce some of the uncertainties in the unfortunate event that the marriage does not work out. Of course, most people are not planning to get divorced at the time they get married, and no one wants to think about their marriage ending. Unfortunately, sometimes marriages do end in divorce, and a prenuptial agreement can lead to a swifter, less stressful resolution so both parties can move on with their lives.

However, many couples who divorce do not have prenuptial agreements. If you are in this situation, you may be wondering how to protect your interests, or what will happen to shared property. Under Florida law, there are two types of property to be considered in a divorce: marital and non-marital property.

Marital Vs. Non-Marital Property

Marital property generally includes assets acquired during the marriage—money earned by both parties, property purchased, etc. Non-marital property usually includes assets acquired prior to the marriage. For example, if you owned a home and a car before your marriage, those would be considered non-marital property in most circumstances. However, if an asset you owned before the marriage increases in value because of improvements made by your spouse, the difference in value may be considered marital property. So if your spouse paid to put in a pool or add a new wing to the house, that increase in value could be considered marital property.

There are other rules regarding things like gifts and inheritances, which are usually non-marital property but may become marital property in certain situations. The laws regarding what is martial property are sometimes very complicated and a Florida divorce lawyer can help answer any questions you have about your assets.

Once assets have been divided into marital and non-marital property, in most cases, the court will divide the marital property between the spouses and non-marital property will stay with the spouse that owns it. Often clients are very concerned about how marital property will be divided. Florida is an equitable distribution jurisdiction, which means that the court generally starts with the intent of dividing things fifty/fifty. However, many complicated rules are then applied in the interest of being fair to both parties.

Hire an Experienced Divorce Attorney From the Start

If you are contemplating a divorce, or just beginning the process, it is important to make a list of all your assets. Your Florida business lawyer will want to go over them to discuss potential concerns, as well as your goals. You should also consider which assets are important to you, and which ones you do not mind parting with in exchange for other concessions in the divorce settlement.

It is important to be honest and up-front about all property you own, even if you think your spouse does not know about it. Attempting to hide property is never a good idea and can make it more difficult for your attorney to help you. On the other side of the coin, you should also make note of any property you suspect your spouse might be hiding from you. If you think this might be the case, your attorney can request documentation during the discovery process of the divorce.

If you have questions or concerns about divorce, family law, or other Florida legal services, please contact Apfelbaum Law for a consultation. We can be reached at 772-236-4009, or contactus@alawfl.com.