Orlando Marital Property Attorney

Orlando Marital Property Lawyer, Jean Bernard Chery, provides experienced Equitable Distribution of Marital Property, Divorce, and Family Law Attorney services in Orlando, Orange County, Osceola, Polk, and Seminole Counties, and the Central Florida area.

Call 407.487.1630 about your Marital Property legal needs in Orlando and Central Florida.

Lawyer in Orlando and Central Florida

In the State of Florida, Marital property includes all assets and debts incurred during the course of a marriage. Non-marital property includes assets and debt acquired prior the marriage. While Florida is not a community property state, under specific circumstances, certain property and assets may be subject to the equitable distribution (or division) when a marriage comes to an end.

When the division of marital property is being determined, the State of Florida uses a process known as Equitable Distribution. In this process the court will consider the financial situation of each spouse to determine what percentage of the couple's property each one receives. What this means is that in Florida the 50% rule is not the determining factor, but what is fair and reasonable based on various factors of the marriage.

Some of the variables that the Court will look at when determining how much each spouse will receive include:

  • Property each spouse will own after divorce;

  • How much each spouse will earn after divorce;

  • If one of the spouse's worked harder to acquire the property during marriage;

  • The amount each spouse contributed to the family;

  • Whether one spouse wasted or dissipated marital property;

  • How long the marriage lasted;

  • Age and health of spouses;

  • Which spouse will have custody of children;

  • Abuse or infidelity.

It is important to note that if accusations of abuse or infidelity are raised during the course of a divorce, evidence of the accusations must be substantiated to the court. If claims of abuse or infidelity are brought to the courts attention without evidence to support the claims, it can actually work against you as the court may consider unsubstantiated claims as an attempt to unnecessarily discredit the other spouse for personal gain, to gain favor with the court, or to "stick it to your spouse" in a divorce.

In the State of Florida, marital property may include, but are not limited to:

  • The family home, and other real estate or investment property;

  • Automobiles, Motorcycles, Motor Homes, or other conventional modes of transportation;

  • Jewelry;

  • Recreational vehicles, such as boats, ATV's;

  • Checking and Savings Accounts;

  • Pension Benefits, IRAs, 401(k)s, stocks, other investment interests;

  • Or other items of monetary value and/or sentimental value.

It is often in the best interest of those going through a divorce to utilize the advice and representation of experienced legal counsel. The attorney you choose to represent you may provide you the best opportunity to resolve marital property and other divorce issues through mediation.

Being able to amicable resolve marital property and other divorce issues may be extremely beneficial as successful mediation typically takes the variable of the court making rulings on various issues on your behalf out of the equation.

When you must address legal issues relating to equitable distribution of marital property, divorce or other family law issues or disputes, we urge you to be proactive in ensuring your legal rights are protected and that you are treated fairly.

Call 407.487.1630 to Schedule a Confidential Legal Consultation with Orlando and Central Florida Marital Property Lawyer, Jean Bernard Chery.

The Law Office of
J. BERNARD CHERY, P.A.

1310 W. Colonial Dr.,
Suite 10,
Orlando, FL 32804

Phone: 407.487.1630
Fax: 407.487.1633




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Orlando Marital Property Lawyer, providing experienced Equitable Distribution of Marital Property, Divorce, and Family Law Attorney legal representation in Orange County Florida, including: Orlando, Maitland, Apopka, Winter Park, Alafaya, Bay Lake, Belle Isle, Bithlo, Christmas, Doctor Phillips, Eatonville, Edgewood, Fairway Shores, Goldenrod, Gotha, Hunter's Creek, Lake Buena Vista, Lockhart, Meadow Woods, Oakland, Ocoee, Orlovista, Pine Castle, Pine Hills, Southchase, South Apopka, Taft, Tangerine, Union Park, Wedgefield, Williamsburg, Windermere, Winter Garden, Zellwood, Seminole County Florida, including: Sanford, Longwood, Altamonte Springs, Casselberry, Forest City, Geneva, Goldenrod, Heathrow, Lake Mary, Lake Monroe, Oviedo, Wekiva Springs, Winter Springs, Osceola County Florida, including: Kissimmee, St. Cloud, Campbell, Celebration, Champions Gate, Deer Park, Four Corners, Harmony, Intercession City, Kenansville, Narcoossee, Poinciana, Reunion, Yeehaw Junction, and throughout the Central Florida Area.

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