Port Charlotte Property Division Lawyer

Port Charlotte Property Division Attorney

When a couple divorces in Florida, they must reach an agreement regarding the division of their marital assets. Should they be unable to reach these agreements on their own, the courts will make arrangements on their behalf according to the equitable distribution laws of the state. However, equitable does not always mean equal, and it is important to hire a Port Charlotte property division lawyer who can protect your rights and your assets.

Whether you own a home near the Audubon-Pennington Nature Park or you have a boat docked at the Port Charlotte Yacht Club off Edgewater Drive, the team at Ruhl Law, P.A., is here to protect the assets you have worked so hard to obtain.

Ruhl Law, P.A.: Your Port Charlotte Divorce Advocates

For over 15 years, the team at Ruhl Law, P.A., has been serving clients and families across Charlotte County. We are committed to seeking the case outcomes our clients both desire and deserve, and we can use our vast legal knowledge and experience to develop a tailored legal solution to your case.

Our team has handled hundreds of cases through the Charlotte County Circuit Court in Punta Gorda and is prepared to turn our time and attention now to you.

How Property Division Works in Port Charlotte Divorce Cases

In Florida, when a couple seeks divorce, they will need to reach an agreement regarding the division of their marital or shared property. While Florida has an overall divorce rate of three cases per 1,000 residents, nearly 12% of adult males and 16% of adult females in Charlotte County have been divorced. When divorcing spouses are unable to reach these agreements on their own, they will need to look to a Charlotte County judge to make the decision for them.

Understanding the way the courts will categorize property is crucial to understanding what you may be entitled to. These two categories are:

• Separate property: This can include any assets or debts that one spouse owned or acquired prior to the marriage. It may include student loan debts or a vehicle that was owned before the couple was wed. Additionally, separate property may include anything that was received by one spouse as a gift or inheritance during the marriage.
• Marital property: This property is anything that was acquired by either spouse during the marriage. It typically involves the family home, vehicles, bank accounts, collectibles, retirement benefits or investments, and any business ownership or interests.

When facing the division of property in a divorce case, it is essential that you hire a Port Charlotte divorce lawyer who can help identify which assets fall under each category so that a fair division is attainable and your assets are protected.

The Florida Property Division Process

In Florida, when it is left up to a family court judge to determine how property will be divided, they will take the following steps to make certain property is divided in a fair and equitable manner:

• Assets and debts disclosure: First, both spouses will be required to fully disclose all of their assets and debts, including their bank accounts, real estate holdings, retirement funds, and other valuables. Failing to disclose these assets could result in legal penalties.
• Asset valuation: Once all assets and debts have been disclosed, the courts will need them to be valued. This might include undergoing a real estate appraisal or the valuation of an owned business.
• Debt division: Any marital debts, such as credit cards, home mortgages, or car loans, will need to be evenly split between the couple.
• Finalization: The court will then finalize any kind of agreement the parties are able to reach regarding the division of property. Should the couple be unable to do so, the courts will issue an official order for what they believe to be an equitable distribution.

FAQs About Port Charlotte Property Division Law

What Should I Do if My Spouse Is Hiding Assets in Florida?

If you believe your spouse is hiding assets during the property division process of your divorce, you need to speak with your attorney right away. Studies show that 40% of couples admit to some kind of financial infidelity, including the hiding of assets during divorce. Red flags to watch for include sudden withdrawals and making large gifts to family members.

How Do the Courts Decide Who Keeps the Family Home After Divorce?

After a divorce, the courts will typically award the family home to one spouse. If there are minor children involved and one parent retains primary custody, that parent will likely be awarded the family home to offer some stability to the children. Alternatively, the courts may order the couple to sell the home and divide the proceeds.

What Other Factors Will the Courts Consider in a Property Division Case?

In a property division case, the courts will look at various factors to base their decisions on. These factors include the economic situation of both parties, the length of the marriage, whether either party contributed in some manner to the other party, and the contribution both parties offered to the marriage in terms of income, homemaking, and acquisition of assets.

How Long Can Property Division Take in Florida?

In Florida, the length of time it takes to reach a resolution in a property division case will depend on the various factors involved in the case. These factors can include the complexity of the marital estate, the availability of the courts, whether one spouse attempts to hide assets, and the willingness of all involved parties to cooperate.

Hire a Property Division Lawyer in Port Charlotte Today

If you are facing a divorce and subsequent property division in Port Charlotte, the team at Rhul Law, P.A., is here to serve you. Divorce is challenging, no matter the circumstances, which is why it is so crucial to hire a property division lawyer you can trust.

At Ruhl Law, P.A., our attorneys are experienced and proficient at helping individuals navigate the divorce process and all it entails. Let us serve you today. Contact our offices and schedule your initial consultation.