Divorce, while common, is never easy. Whether it is a mutual decision or one spouse files, the end of a marriage can have lasting impacts. The law is complex, and it is crucial for anyone facing a divorce to take proactive steps and seek the guidance of a compassionate family law attorney early in the process.
When you are dealing with a life-changing divorce, a Coral Gables divorce lawyer can help you understand your rights and gain clarity in an uncertain time.
Under state law, there are two primary types of divorces: contested and uncontested. In an uncontested divorce, both spouses agree on the terms of the dissolution of their marriage, including how assets and debts will be split, how child custody will be handled, and whether child support or alimony will be paid, and by whom. Uncontested divorces are usually faster and almost always cheaper than a contested divorce.
A contested divorce is one where the divorcing spouses must go to court because they cannot agree on issues. In such situations, having the guidance of an experienced divorce attorney in Coral Gables is critical to protecting your legal rights. When emotions often run high, a lawyer can help you navigate the process and allow you to make decisions that are in your and your family’s best interest.
The term “marital assets” refers to property acquired by either or both spouses during the marriage. This can include both tangible property, such as homes and cars, and intangible property, such as bank accounts, life insurance, and stocks. In a contested divorce, a court determines an equitable distribution of the marital assets. While there is an initial presumption of a 50/50 split, that is not necessarily how the court will rule. The key consideration is what is fair and equitable not what is equal. Florida Statutes § 61.075 describes what the court can consider when determining an equitable distribution of marital assets. Those considerations include, but are not limited to:
An experienced Coral Gables divorce lawyer can help you understand the factors a court will consider when determining how to divide the divorcing couple’s marital assets most equitably.
Divorce, especially a contested divorce, can be complicated. Understanding your rights and potential exposure is critical to making well-informed decisions and presenting your best arguments in court. Working with a seasoned Coral Gables divorce lawyer can help you protect yourself as you turn the page to the next chapter of your life.
If you are facing the prospect of divorce or are in the middle of divorce proceedings, contact the Shirazi and D’Escoubet Law Group to speak with a lawyer who could protect your interests and preserve your assets. While the emotional toll of divorce can be heavy, you do not have to carry it alone.
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