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Fort Myers Florida Family Law Legal Blog

What should one know about equitable distribution?

Anyone in Florida who is contemplating a divorce or who is at the beginning stages of a divorce has probably heard the term, "equitable distribution," when it comes to the property division part of the case. The legalese-sounding term may seem straightforward enough, but, like many terms in the legal realm, there are nuances to how the term is interpreted. So, what should one know about the "equitable distribution" of assets in a divorce?

Well, for starters, there is one important concept to understand: "equitable" is not the same as "equal." Those who are getting ready to begin a divorce case and who believe that their assets and debts will be split 50/50 may be in for a rude awakening. The facts of any given case, and the needs of the parties involved, will determine what is "equitable." An even split down the middle is unlikely, in general.

I had an affair. She had a baby. Now what?

You had a bit too much fun on a business trip and cheated on your wife. A year after you stepped out of your marriage for a night of passion, your affair partner notified you that she had your baby. What happens next?

Certainly, your world is rocked. It's understandable that you may be struggling to process this life-changing bit of information. Below is some information that can guide you when determining your future course of action.

Working together with an ex-spouse during divorce

Why do couples get divorced? The answer to that question can be quite varied. However, once the decision to get a divorce is made, it is oftentimes a final decision. The couple knows that they are on a one-way road to ending their marriage. But, is it still possible to work together with a soon-to-be ex-spouse in a divorce case?

If the answer to that question is, "yes" or even "maybe," a collaborative approach to the divorce case may be an option. Sure, spouses are ending a marriage, but there is a legal process that obviously must be accomplished and, if both realize that it might be in their best interests to attempt to work something out in out-of-court negotiations, collaborative law may be an option that would be worth getting more information about.

Are there signs your marriage is headed for a divorce?

Each year thousands of married couples in Florida go through a divorce. Some of these cases are even high net worth divorces, in which millions of dollars in assets are on the line. In some cases, the signs that a divorce may be looming have been present for years. What are some of the signs that a marriage might be headed for a divorce?

A recent article examined this question, and came back with certain signposts that may let a couple know that an end to the marriage might be on the horizon. Some may seem trivial, but might be signs nonetheless. For example, the recent article noted that, if you and your spouse are not eating dinner together, you may be missing a key point of connection time in any given day. That can result in a relationship becoming disjointed.

Working through difficult divorce issues in mediation

Our readers in Florida who are familiar with previous posts here know that not all divorce cases turn into courtroom battles. Many couples who are going through a divorce are able to put aside their emotions, for the most part, in order to work through the various legal issues that must be addressed to bring the divorce case to a conclusion. For couples who may be in this position, mediation could be a potential option.

There is no doubt that divorce cases can present difficult issues that need to be addressed, such as property division, alimony, child custody and child support. Furthermore, the effect of how the divorce is settled can be felt for many years after the case is brought to a conclusion. That makes the ultimate makeup of a divorce settlement crucial.

Hulk Hogan given deadline to pay ex-wife's divorce legal fees

Our readers in Florida are used to seeing news headlines about celebrity divorces and the oftentimes chaotic processes involved. Former professional wrestler Hulk Hogan went through his divorce case in Florida and is now facing a serious deadline in relation to that high net worth divorce.

A recent news article detailed how, upon the finalization of Hogan's divorce from his former spouse, Linda Bollea, Bollea was to receive a significant portion of the former couple's liquid assets, and also a smaller percentage of a substantial legal recovery Hogan obtained when he sued the website, Gawker, and won.

Deciding which assets to seek in divorce

When you married your spouse, you never imagined that the day might come when the two of you would fall out of love. You intended to remain together "until death do you part," but now you can barely stand to stay in the same room with this person who has become a virtual stranger to you.

It's clear that divorce is in the cards, but you have so many questions about your unpartnered future as a divorced person. Where will you live? Who will get which assets and shared marital resources?

Comprehensive approach to the equitable division of property

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.

What you need to know about mediation and divorce cases

Many people in Florida who are getting ready to pursue a divorce case may believe that they are in for a significant legal fight. However, the depiction of divorce cases on TV or in movies is hardly the most common way that these cases are handled. In fact, most divorce cases proceed because the parties are willing to negotiate and discuss potential out-of-court options for reaching an agreement on how divorce issues should be addressed. One option is mediation.

Can a collaborative divorce help lower your expenses?

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.

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