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Things to consider with property division in divorce

There are a large amount of legal as well as financial issues that come up in a divorce when property division occurs in Florida. One of the first that must be addressed with regard to property division is whether or not there is a valid marriage. Sometimes, it is possible that there was a pre-existing marriage -- for instance, a common law marriage -- although there was never an intervening divorce that occurred. Depending on the circumstances of the parties involved, a legal separation or an annulment may be preferable to divorce.

Another aspect to consider is the expenses that are associated with divorce. The parties must understand that there are attorney's fees, other professional fees as well as inherent court costs. Depending on the state's laws, some divorce courts deem that one party must pay some or, in other cases, all of these kinds of expenses.

Also, it must be determined if the parties have a prenuptial or other kind of property agreement that is enforceable. If this is the case, it is possible that this might simplify some of the process of property division. However, if the agreement was not properly created, it might be deemed invalid.

These are just a few of the questions that a divorcing couple in Florida should ask themselves. Property division can be a complicated, sometimes lengthy process, depending on a variety of factors. By consulting with a family law attorney who is experienced with handling property division divorce cases, the attorney can help the party understand the ensuing legal process as it pertains to him or her as well as defend the individual's rights in a court of law.

Source: The Huffington Post, "A few questions to consider in divorce property division situations", Brad Reid, June 29, 2015

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