Dunlop, Dunlop & Dunlop, P.A. - Family Law Attorneys in Winter Park, Florida

Florida legislators have tried to simplify the property settlement process of divorce by using an equitable distribution model. In this model, all marital property and all marital liabilities (debts) are presumed, initially, as a starting point, to be divided equally between the two divorcing spouses. A family law judge has legal discretion for good cause to deviate from the 50/50 division and to award one party an unequal division of marital assets and/or marital debts. Marital property can consist of pensions, annuities, trusts, real property, and savings. But some property and debts acquired during marriage may not fall into the category "marital" and would not be equitably distributed during a divorce proceeding. The following information will help you gain a greater understanding of non-marital property:

Example of non-marital assets: Inherited property from an estate or trust of a relative of one spouse, provided that the money from the income or sale of the non-marital asset is not commingled in an account that is in the name of both spouses. Once the income or money of a non-marital asset is commingled in a marital asset, the non-marital money becomes marital.

Example of a non-marital debt: Inheritance taxes due on the estate or trust inherited by one spouse, unless the taxes are paid out of a joint account of the spouses without any immediate protest by the other spouse or there is no other way for these taxes to be paid except by the inheriting spouse to incur a marital debt to pay the taxes.

If you are getting divorced or facing family law issues, you can call our office at (407) 628-4300 or you can contact a family law lawyer at our firm by filling out our online contact form.

Divorce Overview - The Basics

Contemplating divorce is difficult. Whether or not you are sure you want to end your marriage, it helps to learn the basics of divorce law. Should you conclude that divorce is necessary, it is important to seek the assistance of an experienced family law attorney.

A divorce is a judicial decree by which a valid marriage is dissolved. From a legal standpoint, the divorce process will divide the couple’s assets and debts; determine the future care and custody of their children; and give each person the legal right to marry someone else.

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Division of Property

When a couple has little or no marital property, no children and no disagreement on spousal maintenance/alimony, their divorce usually goes very quickly. Most couples, however, have numerous issues to work out during the divorce process. These issues may involve children or significant marital property: personal property, real estate, a family business, large or concealed debts, trusts, real property in other states, joint and separate accounts, investments, insurance, pensions and other assets. In any divorce, especially one involving complex property matters, an experienced family law attorney can offer valuable guidance and advocacy.

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Questions to Ask During Divorce

Whether to end your marriage is one of the most important and difficult decisions you will ever encounter. While this is an emotional matter, it is important to approach certain aspects of it with an analytical perspective. This is a decision that should take into account numerous issues. Once you review the following list of questions, you may reconsider your goals — or you may be better prepared to move forward while working with an attorney. Contact an experienced family law attorney to help you along the journey.

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Dealing with Divorce

For some, divorce may feel like a liberating new beginning. For most, however, it is not so straightforward. The end of a relationship as important as a marriage brings numerous difficult emotions. Indeed, recovering from a divorce is similar to the grieving process one experiences when a loved one dies. The process typically consists of five stages: shock and denial; anger; ambivalence; depression; and recovery. Not everyone experiences these emotions in the same way or in the same order. You may move in and out of a phase more than once, even experiencing more than one phase at a time. It is a difficult and time-consuming process. Family counselors advise that it may take as long as one or two years to truly recover.

Understanding the process and the feelings you may experience will help you to grieve the relationship. It is important to allow yourself the time you need to recover from the traumatic experience of ending a marriage so that you can move on to the next phase of your life. An experienced family law attorney can provide invaluable advice and support throughout the divorce process.

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An Amicable Divorce

Divorce is one of the most emotional experiences you will ever face. The decision to end a marriage is not an easy one, and often it is accompanied by anger, fear and resentment. The negative emotions associated with divorce are responsible for more than hurt feelings; they affect the legal process and its outcome. Most importantly, if children are involved, they can be deeply distressed. It is in your family's interest to approach divorce from an amicable perspective; this can spare you a great deal of time, money and heartache. An experienced family law attorney can help you deal with your situation clearly and objectively.

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