Factors That Might Influence Property Division After a Divorce

If there is one thing that is imminent of all divorce, it is the question of property division. Whether laid out clearly in a marital agreement, or left to state procedural adjudication, the conversation regarding the future ownership of all shared properties is something that must be addressed before a divorce is finalized. Although it differs from state to state, there are some congruent standards in which the law uses to make such decisions regarding property allocation.

Continue reading to learn the most common factors that might influence property division following a divorce.

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Orlando Collaborative Lawyer 407-887-7058

Consider a Collaborative Divorce

It is encouraged for divorcing couples to collaborate on dividing their marital property, rather than leaving in the hands of the law. Not only would a collaborative divorce approach give couples more control, it allows them to apply their personal preferences and considerations that are unique to their situation, and that a presiding judge wouldn’t have any notion of. See our blog, “How to Determine if Collaborative Divorce Right For You” to learn more about this progressive approach to ending a marriage. In the case that couples cannot come to an agreement by means of collaboration or mediation, it would be necessary for the courts to make marital property division verdicts.

Influential Factors of Asset Division

Marital property is any shared assets and debts attained during the marriage. Separate property is any assets or debts attained by a spouse prior to the marriage. Courts use a variety of factors to decide how to distribute marital property in a divorce. Here are some of the most influential factors they rely on:

⚖ Written Marital Agreements
⚖ Length of Marriage
⚖ Spousal Incomes
⚖ Property Procurement During the Marriage
⚖ Spousal Age and Health Status
⚖ Tax Consequences of Property
⚖ Spousal Debts and Liabilities
⚖ Spousal Income Capacity

How to Protect Your Assets During a Divorce

Whether you are preparing to marry, already married, or considering a divorce, there are steps you can take to protect yourself from unfair or unexpected marital property and asset division. For those who are preparing to marry, it is wise to consider a marital contract, such as a prenuptial agreement. For those who are already married, you can implement a post-nuptial agreement. For those who are thinking about getting a divorce, it is strongly advised to contact a seasoned divorce lawyer for helpful advice and legal support.

Get Trusted Marital Legal Advice in Florida

Contact the Law Office of Shane T. Herbert at 407-887-7058 to speak with a seasoned family lawyer about marriage legal assistance in Orlando, Florida. Our office is conveniently located in the Metro West area, within The Offices of Veranda Park, with ample free parking. And for your added convenience, office visits are not required for initial consultations, as we are happy to provide them over the phone or even video conference, if needed.

Orlando Family Lawyer 407-887-7058
Shane T. Herbert Law 407-887-7058

Here’s the Very First Step to Filing for Divorce in Florida

If you have been considering divorce for some time, and have now finally come to the point of genuine readiness, you may feel a little defeated once you realize you have no idea how or where to get started. And this is important because your very first step is also the most important one. So continue reading to learn exactly what you need to do to ensure you obtain a successful divorce outcome.

When getting a divorce, there are hundreds of steps to take care of in the process. But that is not your job. Your only responsibility in filing for divorce is to retain experienced and reputable legal counsel. This is your very first, and only step you need to take. But finding a qualified divorce lawyer is not easy; and there are thousands to choose from in the state of Florida.

So how do you find the right divorce lawyer in just the right amount of time? The answer is dedication and effort. You must interview and research as many divorce lawyers in the area, study their credentials and amenities, and then compare them all to make a final choice. This is a lot of effort, and not something a person wants to take on when also facing the emotional and mental stress of divorce. The good news is, you can skip all the hassle and simply choose a trusted leader in divorce law.

Call Attorney Shane T. Herbert Today!

Shane T. Herbert, Attorney at Law
Shane T. Herbert, Attorney at Law 407-887-7058

His Promise To You

Attorney Shane T. Herbert is a hard-working, client-focused professional who has a true desire to help families of all kinds. He uses every resource in his power to ensure your family legal needs are met with the utmost attention and respect, and furthermore, preserved for a hopeful future. As a result, he has earned high accreditation and several other professional distinctions from Super Lawyers®, Avvo®, and more. He is there to ensure that you and your family’s needs are protected and preserved. We take a focused approach by developing impactful, personalized legal strategies that best meet the needs of our client’s unique legal situation. After all, we strive to be your anchor through all of life’s legal ebbs and flows.

⚖ Still not sure about divorce? Shane T. Herbert, Attorney at Law, is happy to answer all of your questions regarding marriage and divorce in Florida, as well as, discuss all of the alternatives available to you and your spouse.

Contact Us Today

Contact the Law Office of Shane T. Herbert at 407-887-7058 to get trusted legal advice and assistance for all legal matters related to divorce law in Florida, including prenuptial and postnuptial agreements. Our seasoned family law firm is based out of Orlando, and conveniently located in the Metro West area, within the Offices of Veranda Park, which offers free parking. However, office visits are not required for initial consultations, so you can inquire about your legal needs in the comfort of your own home. We can provide initial information over the phone or via video conference, such as Skype.

Orlando Family Lawyer 407-887-7058
Shane T. Herbert Law 407-887-7058