Community Property & Equitable Distribution
Winter Park Divorce Attorney
In the United States, state laws determine the method of
property division in divorce proceedings. Divorce laws attempt to make separation of property
as fair as possible, but there may be some variation from state to state.
Depending on your state's law concerning division of shared assets
from a marriage in a divorce, your state can fall under one of two categories:
a community property state or an equitable distribution state. In both
property arrangements, the assets you had prior to the marriage are typically
exempt from being divided.
If you did not file a
pre or post-nuptial agreement, the classification of your state will determine who gets what and how
much in the event of a divorce.
Most states in America are considered equitable distribution states, meaning
that the determination of how property is divided in divorce depends on
a number of factors, including such things as:
- Length of marriage
- Property value
- Individual economic situations
- Whether one spouse gave up their job to support children
- Job skills
The judge in equitable distribution cases has a lot of leeway in determining
the exact way property will be divided, and the division does not necessary
have to be equal. A
divorce attorney may be able help to you present effective arguments that can allow you
maximize the amount of property you keep in these cases.
Community property law is usually more straightforward, but only nine states
are community property states. In a community property state, all property
is divided 50/50 between the two spouses, though some community property
states may also allow for equitable distribution if the judge determines
it to be appropriate.
The list of the nine states with such arrangements is as follows:
- New Mexico
We're Florida Divorce Attorneys
Florida is an equitable property state, so it is important you have an attorney on your side to assist you in
trying to retain as much property as possible. At
Richard A. Heller, P.A., our Winter Park divorce lawyer has been handling divorce cases since
1990, and we have helped countless Floridians navigate the
divorce process. We are focused on
pursuing an optimal outcome for our clients though personable but aggressive service.
To learn how our skilled Florida divorce attorneys may be able to help
you, please request a
free consultation through
our online form. Our goal is to be affordable, and we offer payment plans in some cases.
Contact us today!
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Notice: Due to COVID-19, we may schedule telephone and video consultations
and are available via Zoom, Facetime, Skype, and Messenger. Weekend initial
consultations are also available. Please don’t hesitate to call
us if you have any questions!