South Florida Attorney Eric N. Klein
Handling the Division of Property
Divorce proceedings can be incredibly stressful and emotional. More often than not, one of the most heavily contested issues during divorce proceedings is the division of the couple's property. Having built a live together, a couple will undoubtedly have a difficult time deciding who gets what. The process is complicated and often turns ugly as couples argue over the small details of property division.
One point of confusion is the difference between marital property and individual property. When you are legally married, some of your assets become mixed with your significant other's assets. Other assets remain individual. Many states solve this problem by way of "equitable distribution." This is a system which divides marital property in a fair and flexible way. In order to remain fair and flexible, a court is asked to consider several things, including:
- Duration of the marriage
- Child custody
- Child support
- The health of each spouse
- The economic situation of each spouse
The employment status of a spouse can have an impact on whether or not they able to be awarded custody of any children the couple may have. The court takes into consideration the type of job that a spouse may have to ensure that their lifestyle and obligations are conducive to raising a child. If a parent has a job that requires them to work irregular hours or a high number of business trips, custody will likely be granted to the other parent. This is not meant to punish either of the parents, rather it is meant to provide the best living situation for the children.
It is incredibly difficult to predict the outcome of property distribution in a divorce since a judge may place more emphasis on one factor than another. The best way to ensure that your rights are properly represented during your divorce is to hire an experienced divorce lawyer to handle your legal matters.
If you are facing a divorce, contact the skilled Boca Raton family lawyer Eric N. Klein today by calling 561-353-2800.
