April 6, 2017

Florida Divorce: Why You Must Hire A Lawyer for Division of Assets

division of assets

All divorces are different. We’ve heard that mantra time and again. But for those people going through a divorce, it is an important reality to consider. This is particularly true when it comes to Florida divorces.

Division of Assets 

In fact, in these cases, understanding that your situation is different is not just important, but is imperative when choosing an attorney to represent you in the legal process. Why? Because failing to hire a lawyer, experienced in these types of cases, can result in your making the unnecessary concessions regarding property, assets, and income you have spent years building. With more at stake financially, there is more you stand to lose. 

What you need to know:

  • Asset protection is critical. This is a primary concern in individuals going through divorce. As such, it should be a primary strength in the attorney you choose. This is not standard knowledge for all divorce lawyers, but rather is a specialty area that certain attorneys have developed through education and experience. Make sure your lawyer has both and that they are well equipped to fight for you in your divorce.                                                       
  • An individual is often an achiever accustomed to success. In the situation of divorce, however, they must face the failure of their marriage and deal with the potential diminishment of their assets and income. In doing so, they may have let emotion cloud good judgment and will be at continued risk for doing so. This dynamic, along with the other aspects of divorce, may lead to a myriad of heightened feelings including bitterness, anger, guilt, and embarrassment. This unexpected storm of emotions makes it easy for certain individuals to say or do something they will regret. Such actions and/or statements can cause increased litigation, increased costs, and cause your divorce to take more time to conclude. A lawyer, who has a background in asset protection divorce cases, is better equipped to understand your specific areas of frustration and anger and how to guide you into a better clear-headed place where you both can work together to develop an effective strategy to meet your goals.

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  • The financial picture of individuals is rarely simple. You don’t want to let an attorney whose experience and background is in straightforward modest asset/ income divorces handle your complex holdings and obligations. The risk of them missing or handling something inappropriately is too great and costly.
  • There is the temptation to hide assets which inevitably will later come back to haunt you. In an effort to maintain control over their holdings, many individuals are drawn to the idea of hiding their assets. This is not a wise decision, as any experienced lawyer will tell you. If your attempt at deception it is discovered (as it most often will be), your credibility in the eyes of the judge will be gone and your divorce will become an uphill battle.
  • There are greater tax consequences to consider. Receiving certain assets may mean you are subject to taxes on the assets and/or those distributions. Taxes must also be considered when calculating alimony amounts. Attorneys knowledgeable in the field will guide you to select a distribution of assets for you in the divorce that are in your best interests and will educate you regarding the best form of payment of alimony, if any.

Just as in any business endeavor, the smartest move in your complex divorce is to leverage the knowledge and expertise of a professional. When it comes to divorce, that critical resource is an experienced attorney who specializes in the area. Without them by your side, you are going into a very important battle ill-equipped and underprepared. The end result could be extremely disappointing and costly.


 

Board Certified Marital and Family Law Attorney Charles D. Jamieson understands that divorce is an extremely sensitive and important issue. Thanks to extensive experience and a focus on open communication, Attorney Jamieson adeptly addresses the complex issues surrounding divorce while delivering excellent personal service. To discuss financial issues related to divorce, please contact The Law Firm of Charles D. Jamieson, P.A. online or call 561-478-0312 to schedule a consutation. 

Florida Divorce

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