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Why are prenuptial agreements important?

family lawyer

It might be difficult to talk to you potential spouse about a prenuptial agreement but prenuptial agreements can be very important, especially to people who have assets going into a marriage that they want to be protected or for example, if you have children from another relationship when you're going into a new marriage a prenuptial agreement can be very important. Prenuptial agreements identify which assets and liabilities you have before the marriage so that in the event of a divorce for example, it's clear that those assets are non-marital. A prenuptial agreement can also talk about and make provisions...

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Are student loans considered marital debt?

What kind of debts can be marital debts? Well some debts are martial debts even though you might not think that they are. For example, student loans accumulated during the course of the marriage -- they're marital debt. Even though only one party, one spouse may have signed for that debt, and only that spouse may benefit from that debt, it's still a marital debt because it's a debt that was accumulated during the course of the marriage. Read More about student loans and divorce...

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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...

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How does contested divorce work in Florida?

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...

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Marital Assets and Marital Debt

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...

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