In a divorce, marital assets are split between both parties. The only time this isn’t done is when there is a mutual agreement written and signed by both parties. Without that, the divorcing couple has to go through mediation and a final hearing, if an agreement hasn’t been reached before then. The values of all… Read More >
What Constitutes a Marital Asset in Florida Divorce?
Different states have different rules on how to divide property for a divorce. One state that encourages an equitable division of assets is Florida. This means a spouse will receive a fair division of property. Want to know exactly what you’re entitled to? You must learn what constitutes a marital asset in a Florida divorce. Read… Read More >
Florida’s Division of Property Laws Explained
Every state has its own rules for how property is split in a divorce. In most cases, equitable means equal division of assets and debts, but there are instances where the judge finds this to be unfair. So the property will instead be broken into portions based on a variety of factors, including the following: • How… Read More >
Marital Property vs Separate Property in Florida
When a couple divorces, the judge will work to equitably divide the marital property while the couple will retain their separate property. This leads to the question, just how is separate property determined? The simplest way is with a prenuptial agreement that outlines all property and specifically defines what property is separate and what is… Read More >
What is Collaborative Divorce?
Most people imagine divorce as a very contentious battle. They imagine a long, drawn out process that is expensive to both parties and leaves bridges burned and feelings hurt. In some cases, this is exactly what happens. But more and more, couples are looking for a way to separate without the bad blood that can… Read More >
Challenges to a Florida Prenuptial Agreement
Couples who are considering marriage often take the step of entering into a premarital contract, also known as a prenuptial agreement or “prenup,” so that each of the parties to the marriage understand and agree beforehand on the handling of financial matters should it end in divorce. The idea behind such agreements is to avoid… Read More >
Mediate your Florida Divorce
If you are involved in a Florida divorce, you may have heard that most divorce cases do not go all the way to trial. Many divorce clients are able to avoid the time and expense of going to trial by working with their attorneys to negotiate agreements which cover property division, parental responsibility and time-sharing,… Read More >
Debt in a Florida Divorce
When a couple is getting a divorce, there are many things that have to be decided and property that has to be allocated between the spouses. However, the issue that really surprises a lot of couples is what happens to the debt. There are many different types of debt and the way that this debt… Read More >
High Asset Florida Divorce
In a high asset Florida divorce case, issues such as property division and alimony can be more complex. Sometimes it is necessary to utilize experts to conduct a valuation of difficult to value assets or determine the proper valuation of a business or professional practice. However, at the Law Offices of James S. Cunha, P.A., our… Read More >
Experts’ Role in Contested Florida High-Asset Divorce Cases
Much like a complex or a substantial business transaction, a high-asset divorce may require an analysis of complex financial issues, including sophisticated valuation issues, tax implications, projections for growth of certain assets and other complexities. In a contested high-asset divorce case, our law firm works closely with a variety of experts to ensure that all… Read More >
