Divorce can lead to a great deal of confusion. You may be unsure about your financial future as well as how the end of a marriage will impact your children. This confusion is worsened when you are concerned about how property and debt will be divided. You may be unsure about what will happen to your home, your business, your retirement, and more. Our Melbourne, Florida divorce lawyer assists with property division in all cases. If you are unsure as to your property rights, and are considering divorce, then contact our attorney to schedule an initial consultation.
Melbourne, Florida attorney handling the distribution of martial assets following a divorce
Florida is a not a “community property” state. This means that marital assets are not necessarily divided fifty-fifty at the end of a contested divorce. Instead, our state requires that property be equitably divided. This means that the Court will award assets on the basis of what it feels is fair after considering all of the evidence. It is crucial that you retain legal representation in a disputed case as the award of property, and assignment of debt, can have a drastic impact on your future once your case is completed.
Property and debt acquired during the marriage will be considered marital property and debt during a divorce. Assets or debts acquired before the marriage, acquired by gift, or acquired by inheritance will be considered separate. Our state’s courts will consider a variety of factors when deciding how property and debt should be divided. Factors the Judge will consider include the length of the marriage, each spouse’s economic circumstances, whether a spouse gave up a career for the marriage, as well as several other factors. It is important to understand that the divisions will not necessarily be equal.
Property issues which arise in divorce cases center around whether assets or debts should be considered part of the marriage as well as how they should be divided. Discovery, the process by which information is obtained from the other side, can be used to gain all documents and records supporting or rejecting a claim that property is or is not part of the marriage. If the matter cannot be settled, then the assignment of assets and debts will be made by the Court at the end of a bench trial (meaning there is no jury). Having an attorney familiar with this area of law, as well as with how the Court views certain issues, may be crucial to your financial future.
Lindsey Gardner Shneyder is a Melbourne divorce lawyer assisting with the distribution of property and debt. She will use your initial consultation to identify assets such as cars, retirement accounts, businesses, etc. which will potentially be in dispute. She will use the discovery process to build a case that you are entitled to your fair share and will also take steps to ensure that your spouse is not hiding money or other assets in unknown accounts. Our firm understands the impact that will be had on your future if you are not given your share of property or if you are given too much of the debt. This is why we fight aggressively to protect your interests. Contact our office today to speak with an attorney.
We also service clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.
Affordable divorce lawyer helping Brevard County residents with the division of marital assets and debt
Being concerned about issues of assets and debt means that you are already worried about money. The amount you will have to pay a divorce lawyer should not be one more thing to worry about. Lindsey believes that people should have access to quality representation without having to break the bank. They offer modified payment plans and are often able to handle your matter for an affordable flat fee. This allows you to know what your case will cost without receiving surprise bills each month. We are ready to assist you.