Property/Debts Division

Usually, when a divorcing couple agree to divide their property and debts themselves, they don't need a mediator. However, if a couple cannot agree, they can submit their property dispute to the court, which will use state law rules to divide the property.

The division of marital property (any asset acquired during the marriage by the efforts of one or both parties) is considered in conjunction with all other awards of alimony, of spousal support and other interests in property. Likewise, any debts that the husband and wife may have acquired is also distributed at the time of the final hearing.

The question of who should pay mortgage payments, income tax liabilities, credit card debts, personal loans, car payments, etc., should not be overlooked. In essence, the marital properties should be divided fairly or equitably (not necessarily equally, although that is the starting point) between the parties regardless of how the title is held, as well as, the debts. The division is based upon all facts of the case and the contribution of both spouses to the marriage.

If you are looking for assistance in getting divorced, call the Law Offices of Jorge L. Gonzalez, P.A. at (305) 227-4700 (Miami), or (305) 888-7177 (Hialeah) for a free consultation.


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