Is an inheritance a marital asset?

Often times the issue of inheritance comes up during a marriage. When is inheritance a martial assets and when is it not? The definition of a martial asset that we use is it's an asset that's accumulated during the marriage as a results of efforts expended during the marriage. So if you get an inheritance during the marriage, it's received during the marriage but it's not received or gained as a result of any efforts you or your spouse expended during the marriage. Therefore, it's not a marital asset. But guess what -- if you take that inheritance and you...

19 February

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How does contested divorce work in Florida?

Posted by DeWitt Law Firm, P.A.

in Divorce, Family Law

Let's talk about how contested divorce works. If you want a divorce and you're not sure whether or not your spouse wants one and you're not able to agree ahead of time, then whoever wants the divorce is what we call the petitioner and they file a petition for dissolution of marriage. Often times, along with the petition we will prepare a financial affidavit and file it with the petition. The petition gets served on the other spouse. Once the spouse is served, they have twenty days to respond to the petition. Once the response is filed then everybody knows...

18 February

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How does an Uncontested Divorce Work?

Posted by DeWitt Law Firm, P.A.

in Divorce, Family Law

A divorce can be contested or it can be uncontested. If it's contested there are lots of different variations to how it's contested or how hard it's contested....

18 February

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Marital Assets and Marital Debt

Posted by DeWitt Law Firm, P.A.

in Divorce, Family Law

In Florida, for the most part, all marital assets and marital debts are divided 50/50, no matter who's name the asset or the debt may be in. If you accumulated an asset during the course of the marriage, as a result of efforts expended during the marriage then that asset is in all likelihood going to be marital even if it's only in your name and you'll have to divide it 50/50 with your spouse. Similarly, with marital debts. If a debt was accumulated during the marriage, it doesn't matter whose name it is in, it is likely to be a...

29 May

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How to Select a Divorce Attorney for You

Posted by DeWitt Law Firm, P.A.

in Divorce, Family Law

When you are going through a divorce, you want to select an attorney you feel will effectively achieve your goals and address your concerns. It is important that you feel comfortable with your divorce attorney because you do not want to have issues communicating with the attorney you have hired to help you through an often difficult and trying time. An experienced attorney will explain your legal situation in plain English and work with you toward achieving a successful conclusion of your divorce. When selecting any attorney, it is important that you have confidence that your attorney will properly advise you...

16 February

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Going Through a Divorce… Knowing When to Seek Professional Help

Posted by DeWitt Law Firm, P.A.

in Divorce, Family Law

Divorce is often a traumatic experience that strikes to the heart of families and individuals. It is often a difficult time not only emotionally but also financially. Those financial difficulties often make it harder to admit that you need professional help. To save money, many people try to handle the legal aspects of their divorce themselves. This is not usually the wisest course. Even if you and your spouse agree on the terms of your divorce, it is often prudent to have an attorney draft the marital settlement agreement and the final divorce decree. This can avoid so many problems...