St. Augustine Property Division Lawyer

Helping Clients Navigate Complex Property Division in Divorce

Property division is a critical part of the divorce process. The outcome of your property division case can have a significant impact on your financial future. That is why you need to work with a qualified divorce attorney who understands the property division laws of Florida. At Owenby Law, P.A., we have been helping clients through the divorce process for over a decade. Our St. Augustine property division attorneys are ready to put our skills and experience to work for you.

Contact us online or call (904) 770-3141 to schedule a consultation with our property division lawyers in St. Augustine.

How is Property Divided in a St. Augustine Divorce?

Florida is an equitable distribution state. This means that all marital property is divided “fairly” but not necessarily “equally”. In practice, this means that the court will divide all marital property in a way that it deems to be fair to both parties.

Marital property may include:

• Real estate
• Bank accounts
• Retirement accounts
• Stocks and bonds
• Businesses
• Household items
• And more

Marital property does not include:

• Property that was owned by one spouse before the marriage and was kept separate
• Property that was inherited by one spouse
• Property that was gifted to one spouse
• Other types of separate property

As part of the property division process, all marital property must be valued. This is a complex process that often requires the assistance of financial professionals. Once all the property has been valued, it must be divided.

When dividing property, the court will consider:

• The length of the marriage
• The economic circumstances of each party
• Each party’s contribution to the marriage
• Each party’s contribution to the family
• Each party’s contribution to the education and career of the other party
• Each party’s earning capacity, employability, and educational history
• Each party’s desire to remain in the marital home
• Each party’s ability to acquire assets and liabilities in the future
• And more

Property division is a complex process that can be greatly affected by several different factors. That is why it is so important to work with an experienced property division lawyer in St. Augustine who can help you navigate the process.

What is a Property Settlement Agreement?

In Florida, the court will generally approve a property settlement agreement that has been reached by both parties. A property settlement agreement is a binding legal contract that outlines how all of the marital property will be divided. This agreement must be reached during the divorce process and before the court has entered the final judgment.

Property settlement agreements must address:

• How the marital home will be divided
• How other real estate will be divided
• How bank accounts will be divided
• How retirement accounts will be divided
• How stocks and bonds will be divided
• How businesses will be divided
• How other property will be divided
• How debts will be divided
• And more

Property settlement agreements are preferred by most couples because they give the couple a great deal of control over how the property will be divided. By reaching an agreement, the couple can avoid having the court make the decision for them. This can help to reduce the amount of time that it takes to finalize the divorce and can help to reduce the amount of money that the couple will have to spend on legal fees.

What Happens When You Can’t Agree on Property Division in St. Augustine?

When a couple cannot agree on property division, the court will have to step in and make the decision for them. The court will consider a number of different factors when making its decision. It is important to remember that the court will not consider any fault that led to the divorce when making its decision. The court is only required to consider the length of the marriage and the financial circumstances of each party.

If you are unable to agree on property division with your spouse, it is important to work with a property division lawyer in St. Augustine. A lawyer can help you present your case in a way that is most likely to be persuasive to the court. At Owenby Law, P.A., our St. Augustine property division lawyers are not afraid to go to court to protect your interests.

How Our St. Augustine Property Division Lawyers Can Help You

At Owenby Law, P.A., our St. Augustine property division lawyers know how important the property division process is to our clients. That is why we will work with you to help you determine your goals and then do everything we can to help you achieve them.

Our property division lawyers in St. Augustine will conduct a thorough asset valuation to ensure that all of the property is accounted for. We will then help you determine the best way to divide the property.

If you and your spouse are unable to agree on a property settlement agreement, our lawyers can help you mediate your case. Mediation is a process in which a neutral third party helps you and your spouse reach an agreement on property division. Mediation is a preferred method of property division because it allows the couple to maintain control over the process. It is generally less expensive and less time-consuming than going to court.

If you and your spouse are unable to reach an agreement through mediation, our lawyers can help you litigate your case. We have extensive experience litigating property division cases in St. Augustine and know how to present your case in a way that is most likely to be persuasive to the court.

Contact us today at (904) 770-3141 to speak with our St. Augustine property division attorneys.