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Property Rights

During the divorce process, your own non-marital property must be protected. Division of marital property is quite different from enforcing your rights to your own non-marital property. Non-marital property is generally that property that you owned before the marriage. Another form of non-marital property is property that you inherit or is gifted to you (not by your spouse) during the marriage. It is important to clearly identify this property and have it recognized as non-marital, or else your spouse might unjustifiably acquire an interest in your property. This area of law can become quite complex. For example, difficult questions arise when your property is commingled with marital property. This creates what is called a "tracing" problem and sometimes requires the services of a forensic accountant to assist your family law attorney. Examples could be bank accounts, stock brokerage accounts, IRA's and 401(k) accounts. Only an experienced family law attorney will be able to give you proper advice on how best to protect your property from unjustified claims by your spouse.


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An uncontested divorce means that the spouses agree on the division of marital property, alimony, and child custody, support, and visitation. The spouses sign a Marital Settlement Agreement and go to court for a quick hearing to finalize the divorce. The cost of an uncontested Florida divorce is usually minimal. It generally takes 30 days after the parties sign the Marital Settlement Agreement for the court to finalize the uncontested divorce. This time will vary depending on how busy the courthouse is, but an uncontested divorce with both spouse's participation is typically the fastest.
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"A Plain English Guide to Protecting Your Children"

Author: Mary L. Boland, Attorney at Law