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.

Orlando Collaborative Lawyer
Orlando Collaborative Lawyer 407-236-4852

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 407-236-4852 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 407-236-4852
Shane T. Herbert Law 407-236-4852

How to Determine if Collaborative Divorce Right For You

Not all divorces involve animosity and contention. Many couples have a long-history of love and respect for one another, and want nothing more than a fair and equal divorce. For such couples, there is a new, emerging trend in the field of alternative dispute resolution that supports this method of divorce. It is known as collaborative divorce, and it could very well be the solution your family is looking for.

Continue reading to learn some facts and legal principals surrounding collaborative divorce, including how to determine if it is right for you.

Collaborative Divorce Lawyer Orlando
Collaborative Divorce Lawyer Orlando Florida 407-236-4852

Collaborative Divorce Basics

In conventional divorce cases, spouses often view each other as opponents or enemies, which can set the tone for a challenging and contentious divorce process. In contrast, collaborative divorce is a non-adversarial, out-of-court approach to legally ending a marriage. It places the focus on finding solutions for family legal issues, rather than accusations and provocation, which helps achieve a mutual settlement without litigating. Overall, it tends to make the divorce process easier and produce a more positive outcome.

The Collaborative Law Process

In the collaborative divorce process, the divorcing couple works as a “collaborative team” alongside a single collaborative divorce lawyer who represents them both. In a safe and constructive environment, everyone works together to devise a divorce plan that is equally satisfying and fair to each spouse.

Prior to getting started, a written agreement is drawn up and signed by both parties in the presence of their lawyer to mark their promise to use trust and fairness when negotiating a resolution, and to disclose all information and documents relevant to their case. Once all divorce arrangements are agreed upon, both parties enter into a comprehensive and legally-binding written agreement that authenticates the details of the divorce and settlement.

Many people confuse divorce mediation with collaborative divorce since they are both forms of alternative dispute resolution. Although they are similar negotiation approaches, they are quite different. See our blog, “The Difference Between Mediation and Collaborative Divorce” to learn more about alternatives to dispute resolutions.

Benefits of Collaborative Divorce

There are various benefits to collaborative divorce, which is why it is becoming more and more popular in the legal field. Not only does collaborative divorce support and promote an ultimate resolution, it usually renders one quickly. Furthermore, divorcing collaboratively can save on legal fees since you share one collaborative divorce lawyer. Best of all, collaborating your divorce will spare you from stress and bitterness, and also protect your children from being exposed to the dramas of divorce.

When Making the Decision…

Although collaborative divorce has several benefits, it is not for everyone. It is important to discuss your divorce questions with a seasoned divorce attorney who can give you the information and counsel you need to make an informed decision. Keep in mind that, once the collaborative divorce process begins, if one spouse decides to pursue litigation rather than continue with collaboration, the shared collaborative lawyer will have to resign, and both spouses will have to retain new and separate representation.

Call an Orlando Collaborative Divorce Lawyer

Contact the Law Office of Shane T. Herbert at 407-236-4852 to speak with a seasoned collaborative divorce lawyer in Orlando, Florida. From traditional and collaborative divorce litigation, to alimony, child support, child custody, and everything in between, we can navigate all aspects of your family legal matters from start to finish. For your 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.

Shane T. Herbert, Attorney at Law
Shane T. Herbert, Attorney at Law 407-236-4852

The Difference Between Mediation and Collaborative Divorce

In last week’s blog, we discussed the various benefits of divorce mediation, including how it serves as an alternative to divorce court. As assured, in today’s blog we will discuss the difference between divorce mediation and collaborative divorce. Many divorcing couples are confused about these two legal processes, so clarifying some pertinent facts about each divorce option is an important step to making the right choice for terminating your marriage.

Continue reading to learn the difference between mediation and collaborative divorce, including advice on how to choose which route is right for you.

Orlando Collaborative Lawyer
Orlando Collaborative Lawyer 407-236-4852

Divorce Mediation

Mediation is a method used in the dissolution of marriage to negotiate all facets of legally terminating a marriage. Such facets might include money, assets, spousal support, property division, child support, child custody, and more. Normally, mediation involves a group effort that includes each spouse, both of their private divorce attorneys, and a mediator. A mediator is a neutral third party that is hired to discuss, negotiate, and resolve all matters related to a divorce. Your divorce attorney can refer a certified mediator, or you can hire one personally. To learn more about mediation and divorce, review our aforementioned blog, “The Benefits of Divorce Mediation.”

Collaborative Divorce

So how does mediation differ from collaborative divorce? Well, there are many aspects of collaborative law that separate its practices and methods from divorce mediation. Rather than hiring a mediator and two separate divorce lawyers, collaborative divorce is an approach in which divorcing couples hire a solitary collaborative divorce attorney who is specially-trained and experienced in collaborative practice.

Similar to a mediator, a collaborative divorce attorney will work with both couples simultaneously to resolve all aspects of a divorce and reach a settlement agreement. In contrast to a mediator, a collaborative divorce lawyer can also handle all legal processes of divorce as well, and set all agreements and settlements into motion. It is somewhat like hiring a divorce lawyer and mediator in one. Couples who are divorcing amicably or wish to divorce with full cooperation are well-suited for this option.

Where to Get Legal Advice for a Dissolution of Marriage in Florida

Contact Attorney Shane T. Herbert at 407-236-4852 to get trusted legal advice from a seasoned collaborative divorce lawyer in Orlando, Florida. You can choose to have your first appointment over the phone or even video conference, if needed. If you choose an in-office visit, our family law office is conveniently located in the Metro West area, within the Offices of Veranda Park, which offers free parking. We look forward to helping you resolve your family legal matters.

Shane T. Herbert, Attorney at Law
Shane T. Herbert, Attorney at Law 407-236-4852