Divorce is messy and complicated, even when it’s as smooth as possible and both parties want to cooperate. Unfortunately, much of the time, that’s not the case, and you need to know how to protect yourself and your future as you make plans to pursue it on your own. If you’re looking for a divorce lawyer in Naples, you need to understand how Florida’s equitable division law might help you during your divorce negotiations.
Equitable vs. Equal
Florida law does not determine an exact proportional split of marital property during a divorce the way some states do. This means there’s no law stating that the division of assets must be 50/50. Instead, the judge is supposed to weigh the facts of the case and find a fair solution based on a form of equitable or unequal form of equitable distribution. This means you can make the case for your pre-existing assets being completely yours. It also means:
- The balance of financial and other contributions to the household matters
- Your presentation of your own contributions matters, and so does your spouse’s
- The judge may weigh the reasons for the divorce
- The financial obligations and overhead of both parties matters
What does this mean? It means that a good divorce lawyer in Naples can help you make the case that your assets are largely yours, as long as it fairly acknowledges the contributions your spouse has made in the final division of assets.
Protect Pre-Marital Property One of the key ways to protect your assets is to establish to the court what assets pre-existed your marriage. Those are typically exempt from division unless commingling of assets occurs. If you are looking for help with your divorce, don’t wait to look for a divorce lawyer in Naples. Contact us today for more information and a free phone consultation at 239-333-0077 OR fill out the online contact form and we will reach out to you directly.