Fort Myers Florida Family Law Legal Blog

There are probably more people in Florida who have heard divorce horror stories than there are those who have heard of divorce cases that go smoothly. However, as long as the divorcing couple is able to focus on the issues that need to be addressed -- while keeping their emotions in check -- a divorce case does not need to be a knockdown, dragged out fight in court. But, when it comes to issues, like property division, many people get entrenched in their ideas.

When it comes to the equitable division of marital property, the divorce case can get complicated due to the subjectivity of the issue. What is "equitable?" The answer may be different, depending on the person who is asked.

The cost of proceeding with a divorce is oftentimes one of the reasons why Florida residents hold off on committing to such a life-altering legal process. Divorce is quite common in America, so most people know a friend or family member who has been through the process and that person may not have had a good experience, either legally or financially. However, there are options to consider that may lower the overall cost of a divorce. For instance, can a collaborative divorce help lower your expenses?

According to a recent report, avoiding litigation and finding a way to get your divorce case settled sooner rather than later is one of the best ways to lower the cost of the divorce process. While direct negotiations between the parties and mediation are also options, a collaborative divorce involves getting the parties together to go through the various issues that are unique to their divorce case and attempting to find common ground and solutions.

Divorce is a major life event for all involved — especially the kids. It's a major adjustment for them and they may need some therapy sessions to get through the transition.

But imagine how hard it would be if, in addition to "losing" a parent to divorce, the child also had to adjust to the loss of a sibling?

When a person with a high-net worth is engaged to be married, they may want to consider entering into a prenuptial agreement, known as a premarital agreement in Florida. After all, some people have established high-paying careers, may own a home or may have received a substantial sum of money prior to getting married. Moreover, some people may anticipate earning a significant income while married or accumulating other valuable assets while married. Prenups are useful, because they can protect both spouses' financial interests in the event of a high net worth divorce.

First, prenups can designate which assets are to be separate assets and which assets are to be marital assets. This is significant when it comes to property division, because Florida is an "equitable distribution" state. This means that marital assets will be divided between the spouses in the event of a divorce, and it may not be an even 50/50 split. A prenup can designate an asset as separate property and thus not part of the divisible estate, even if that asset was acquired during the marriage.