DIVISION OF MARITAL PROPERTY, ASSETS, AND DEBT LAWYER

Cape Coral Marital Property Attorney Scott Morris puts his experience as a Marital Property, Divorce, and Family Law Lawyer to work for those in Cape Coral, Fort Myers, Naples, Bonita Springs, Punta Gorda, Port Charlotte, Immokalee, Labelle, Lee County, Collier County, Charlotte County, Hendry County, and throughout Southwest Florida.

Call 239.772.1635 today to schedule a confidential consultation with Attorney Scott Morris about your legal rights, options and goals involving Division of Marital Property, Divorce, or other Marital and Family Law issues or disputes.

Next to child related issues, the equitable division of marital property, assets and liabilities, is the most commonly disputed issue of a divorce. Who gets the home? Will the family home have to be sold and the profits or loss be divided? Who gets the family vehicle? What if both cars are in one party’s name? What about the investment portfolio. What if one party intentionally drained the checking account before the divorce? What about property, assets or debts were obtained by either party before the marriage? Who is going to pay the bills of the marriage?

There are so many questions that may be asked regarding marital property, assets and debts, in a divorce it can make anyone's head spin. While each divorce that involves marital property and assets which eventually must be divided before the divorce can be finalized it is important to note that the statutory standard in the State of Florida is not "equal division of marital property and assets." The statutory standard is "fair and reasonable distribution often called equitable distribution of marital property, assets and debts." Well that puts us into a lot of gray area left open to interpretation as to what is fair and reasonable.

According the Florida Statutes, the issues that court may consider in marital property, assets, and debt cases includes:

• The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker;
  
  
• The economic circumstances of the parties;
  
  
• The duration of the marriage;
  
  
• Any interruption of personal careers or educational opportunities of either party;
  
  
• The contribution of one spouse to the personal career or educational opportunity of the other spouse;
  
  
• The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party;
  
  
• The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties;
  
  
• The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home;
  
  
• The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.
  
  

Equitable or Fair and Reasonable is the standard, and therefore, any argument for or against specific marital property, assets and debts, must be made in this context. Sometimes when dealing with marital property, assets and debts,, it may be in your best interest to loose a battle to win a war. When negotiating marital property, asset debt issues, it may in your best interest to give in regarding one issue to come out on top regarding an issue that is actually more important to you.

It is also important that you are aware that the division of marital property while it includes assets also may include debt and liabilities. The debt or liabilities may also play a role in the division of marital property and assets. This may be a good thing or a bad thing. How this debt or liabilities are presented and negotiated in mediation or argued in from of the judge may directly affect the outcome. Having legal counsel in your corner that can present a strong a voice of reason in marital property and asset disputes may be extremely beneficial to your legal needs and goals.

We always provide

"Vigorous Pursuit of our Client's Legal Rights With Integrity and Common Sense."

If have questions or need to address legal issues relating to division of marital property, divorce, or other family law needs, seek the legal advice and representation of an aggressive marital property attorney. At Morris Law Firm, P.A., you will work with an experienced lawyer who is dedicated to protecting the legal rights of those in Cape Coral, Fort Myers, Naples, Bonita Springs, Punta Gorda, Port Charlotte, Immokalee, Labelle, Lee County, Collier County, Charlotte County, Hendry County and Southwest Florida.

Call 239.772.1635 to discuss your legal rights, options, and needs.