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Property Division

Jacksonville Property Division Attorney

Get Sound Legal Counsel for Your Divorce

Courts generally uphold property division agreements made between spouses if they are in writing and both parties have had the opportunity to consult with their own lawyers. If an arbitrator or judge makes the decision, property is divided equitably, which often means equally, but not always. There could possibly be an unequal division after all the relevant circumstances have been considered.

Factors the court will consider include:

  • The length of the marriage
  • The debts and liabilities of each spouse
  • The overall economic circumstances of each spouse
  • Whether minor children or either spouse will continue to live in the marital home
  • Each spouse's contribution to the marriage as provider, parent, or homemaker
  • Whether either spouse has intentionally wasted or destroyed marital assets within two years preceding or after the divorce petition
  • The contribution of either spouse to the career or education of the other spouse, and whether either spouse's career or education was interrupted during the marriage

What is considered to be marital property?

Certain types of assets can complicate the process of equitable distribution in Florida divorce cases. As an example, the following can all present valuation and distribution challenges:

  • Retirement accounts
  • Businesses
  • Stocks / stock options
  • Real estate investments
  • Art collections
  • Antiques

Fortunately, our seasoned Jacksonville divorce attorney can help you determine the value of your assets, what portion is marital, and what portion is separate property.

During a marriage, non-marital assets are sometimes combined with marital assets, which makes it difficult to determine who gets what when the marriage ends. For example, when one spouse has a 401(k) account before the marriage which continues to accumulate during the marriage, it can be a complex process to sort out which portion is separate property. Another example is when one spouse's inheritance was used to purchase jointly-held property. Let our firm assist you with your divorce.

Protecting Your Best Interests

It is always best when divorcing couples can reach their own agreement about property division, as well as other issues involved in a divorce. This keeps control in the hands of the parties instead of the court. At the Law Offices of Jason K.S. Porter, P.A., our Jacksonville divorce lawyer can evaluate your assets and work out an equitable property division between you and your spouse. If an agreement cannot be reached, our firm will take every effort necessary to protect your interests in court.

Our property division lawyers have more than 90 years of collective legal experience. We have successfully represented many clients in family law and divorce cases. Mr. Porter has a Martindale-Hubbell® AV Preeminent® Rating and a 10.0 Superb Avvo Rating. Our firm's reputation for excellence has been built on professional skill and commitment to the best possible results for our clients. To find out what our clients think of our firm, go here to see our testimonials.

Contact our firm for skilled representation.