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Avoiding Fights Over Property Division During Divorce

DivorceChairs

Whatever led to the breakdown of your marriage, the reality is that getting a divorce will change your life in drastic ways. Issues surrounding property division can cause the greatest amount of stress, as how they are resolved can have a significant impact on a person’s financial status upon divorce. Fortunately, there are things that you can do to help reduce conflict during property division proceedings. To learn more about these methods and what you can expect during your own property division negotiations, consider reaching out to a Fort Lauderdale property division lawyer today.

Preparation is Key

One way to prepare for property division proceedings and to cut down on stress and frustration throughout the process is to gain a thorough understanding of the law. It is, for example, not always necessary to leave property division up to a judge. Instead, couples who can reach an out-of-court agreement can dictate who will keep which assets. Both parties should also be sure to start identifying, valuing, and organizing their assets and debts, as well as important documentation, which will make it easier to divvy them up at a later date. It may be necessary to obtain multiple appraisals and certain methods may be required for specific kinds of assets, like real estate or other investments, so it’s a good idea to start this process sooner rather than later.

Enter into a Pre or Postnuptial Agreement

Another way to prepare for the property division process is to enter into a pre or postnuptial agreement that addresses property-related issues. As long as the agreement is fair, entered into voluntarily, and complies with the state’s legal requirements, it will likely be approved, meaning that negotiation and litigation over property division won’t be required at all. Instead, a judge will merely divide the assets and debts according to the plan already agreed upon by the parties involved.

Insist on Full Disclosure

It’s impossible to reach an agreement with a soon-to-be former spouse on how marital assets will be split up if the parties aren’t even aware of the total value of the assets in question and the debts that each party is responsible for. Even a judge cannot make a fair decision without assessing all of these facts. To avoid this, both parties should insist on honesty and full disclosure throughout the process. A failure to disclose an asset or debt can have serious repercussions, as courts don’t look kindly on attempting to hide assets. Doing so, can result in contempt charges, monetary penalties, and even the loss of the property or asset in question.

Call a Florida Divorce Lawyer for Support

Property division is one of the most difficult aspects of divorce for many couples. However, a dedicated divorce attorney can make the process easier. Call compassionate and skilled divorce lawyer Sandra Bonfiglio, P.A. at 954-945-7591 or send us an online message to schedule a free consultation, so a member of our legal team can review your case.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html

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