Should I See A Financial Advisor Before Filing For Divorce? What Benefit Could That Add To My Case?
Financial advisors may be appointed during the proceedings or brought in by the parties to determine equitable distribution. It is not generally recommended to see a financial advisor prior to obtaining an attorney; rather, the attorney should work with a financial advisor in determining specific and necessary information. Clients should avoid unnecessarily spending a lot of money on hiring a financial advisor prior to hiring an attorney, because the financial advisor might not know which laws apply to the specific case at hand, or why a client is asking for a determination of their financial wealth. It is very important to first hire the services of an attorney who can advise as to whether or not a financial advisor is actually needed given the facts of a specific case.
I Want To Start Building My Financial Future Without My Spouse As I Move Towards The Divorce; Can I Legally Move Funds To Other Accounts Or Give Funds To Someone I Trust Before I File For Divorce?
It is not advisable to move funds into other accounts prior to filing for divorce. During the course of the proceeding, each party must file mandatory disclosures and requests for productions. The parties have to provide their bank statements, tax returns, and paystubs, potentially for the three years leading up to the filing of dissolution of marriage. If someone is moving funds into an account that is in a third-party name, this could be considered as a deceptive attempt to get rid of funds so as not to have them included as part of the equitable distribution in the marriage. Anyone who is considering transferring funds should first contact an attorney. There are ways to move funds without it looking to the court as though the party has attempted to deceive the other party, which could lead to an injunction proceeding filed against that party.
Are There Ways To Legally Protect Myself From Debt That My Spouse Incurred Without My Involvement Or Knowledge?
In the state of Florida, all assets or liabilities are equitably divided from the date of marriage to the date of filing. With regards to trying to protect oneself from a spouse’s debts, unequal distribution could be claimed. However, the courts will look at the liabilities incurred by each party and may determine whether or not certain things are marital. For instance, if the parties were living separately when one party spent marital funds on going out, furnishing a new property, or something similar, then the court could determine that those expenses should not be considered marital and should therefore not be subject to equitable distribution.
However, generally speaking, the court will look at the date of marriage and the date of filling to determine the marital assets. In order to completely protect oneself from the other party’s debts, it may be necessary to discuss a postnuptial agreement. If the other party agrees to enter a postnuptial agreement, then certain liabilities, such as funds spent by one spouse without the other’s involvement, may be precluded from equitable distribution in divorce.
Can Or Should I Move Out Before A Divorce Is Final? Would Moving Mean That I Have Surrendered My Rights To Our Property?
It is not uncommon for spouses to live in separate residences during the course of a marriage, and doing so does not preclude either spouse from claiming their rights to property, such as the marital home. Regardless of whether one or both spouses move out of the marital home during the pendency of the divorce or divorce proceedings, each spouse would still be entitled to their portion of the equity. With that said, one consideration should be noted for spouses who intend to continue living on the marital property after the divorce: once a party has moved away from the marital property, it can be quite difficult for an attorney to get them back into the property after the dissolution of marriage.
The question remains whether or not an individual wants to keep the property for themselves and free finance or buy out the other party’s interest in the property. If that is what an individual wants during the proceedings or at the time of dissolution of marriage, then they might not want to vacate the residence. For this reason, it is important to contact an attorney to determine whether moving out of the property is a wise decision, or whether a filing needs to be made for exclusive use of the property.
For more information on Financial Advisors For Divorce In Florida, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (239) 334-4383 today.