Orlando Property Division Lawyer

Name: Property Division
Brand: O’Mara Law Group
Rating: 4.5 (71 reviews)

Navigate the complexities of divorce with an Orlando property division lawyer at the O’Mara Law Group. From identifying marital assets to court-approved settlements, our experienced family law attorneys can help you pursue fair distribution in your case. Whether the case involves joint assets or separate property, we will protect your rights during these stressful and emotional times.

Fair and Effective Property Division

Dividing property can be an emotionally challenging process for divorcing couples. During these times, the spouses must prove ownership of their rightful property while staying amicable during the proceedings. Even with the distinction between separate and marital property, complications could arise, requiring the assistance of an Orlando property division attorney. Our family law attorneys at the O’Mara Law Group can help you navigate these challenges successfully. Over the years, we have helped thousands of couples resolve their property division issues in Florida. If you are going through a divorce and need assistance with these matters, consult an Orlando divorce lawyer from the O’Mara Law Group.

Experienced Orlando Property Division Lawyers

When you need an Orlando divorce lawyer, our team at the O’Mara Law Group is here to help.

Mark M. O’Mara leads the team and is board certified in marital and family law and collaborative law. He is also a Supreme Court-certified Family Mediator and Circuit Civil Mediator. Mark has been named to the National Trial Lawyers Top 100.

Mark Rabinowitz has been Board Certified in Marital and Family Law in Florida since 1999. He has served on the Marital and Family Law Certification Committee of The Florida Bar, and has served as a member of the Family Law Rules Committee.

With our team on your side, you can rest assured that we will handle your divorce and property division with the utmost professionalism.

What Property Is Divided During a Divorce?

The courts will determine two categories of property during a divorce: separate and marital. The courts will treat these properties differently during property division. Marital property typically includes all the assets and debts obtained during the marriage. The property is often considered jointly owned regardless of which spouse is named on the ownership or title documents. For property to be categorized as marital, both individuals must have contributed to its acquisition, maintenance, and growth over the years. Some examples of marital property include:

Homes
Bank accounts
Vehicles
Furniture
Artwork
Jewelry and designer handbags
Retirement savings
Investments
Rental property

Along with assets, any debts incurred throughout the marriage are often considered joint property. These debts can include credit card balances, loans, and mortgages.

Separate property is usually handled differently by the courts. The spouse has often owned this property before the marriage. Separate property can also consist of inheritance, gifts, and other assets the individual partner may have acquired. If the property can be traced back to the spouse and was kept separate from the joint property, it is considered a non marital asset.

However, maintaining a separate property throughout a marriage can become complicated. If the spouse used the property for marital expenses or commingled it with joint property, it could lose its status as a separate asset. The court may deem it part of the marital estate, subjecting it to division.

Equitable Distribution of Assets and Debts in a Florida Divorce

Is Florida a 50/50 state? Florida family law mandates equitable distribution of marital assets and liabilities in a divorce. While the courts strive for an equal division in most cases, a 50/50 split may not always be feasible. The court may opt for an unequal distribution when it’s deemed equitable. Several factors influence the court’s decision in divorce property division, such as:

Contribution to marriage: The court considers the contributions of each spouse to the marriage, including homemaking and childcare responsibilities.
Economic circumstances: The financial situation of each spouse, including income and assets, plays a significant role in property division.
Marriage duration: The length of the marriage is a vital factor in the division of assets and debts.
Career and education interruption: If the marriage caused an interruption in a spouse’s career or education, it may impact the property division.
Contributions to career or education: The support provided by one spouse to enhance the other’s career or education is considered.
The desirability of retaining assets: The court may consider whether it’s beneficial for one spouse to keep certain assets, such as a business, without interference from the other.
Contribution to raising income or increasing debts: The court will examine the contributions of each spouse to growing income or increasing debts of both marital and nonmarital assets.
Marital home considerations: The court may prioritize retaining the marital home as a residence for the children.
Intentional asset dissipation: Deliberate destruction or waste of marital assets after the divorce filing or within the prior two years prior is considered.
Other factors for equity and justice: The court may consider any additional factors necessary to ensure a fair outcome for both spouses.

Testimonials

What Our Clients Say

Compassionate Assistance

The Mark O’Mara Law Firm was a wonderful place and outstanding. Mark was very helpful and always made time for me, answering all my questions. But my hero was Susan Staggs, who prepared all of my paperwork. She is a real magician who takes it seriously.

N.L.

Exceptional Service

Mark O'Mara and his office provided excellent service, demonstrating professionalism and personal attention to all my details of my cases. He is one of the best in his field as a criminal and family attorney. He is honest, direct, and he always does his best for his client.

K.M.

Support in Family Law

Mr. O’Mara and his entire staff, especially Alyssa, were absolutely impressive with everything. Very efficient and punctual; their understanding of every little detail was way beyond expectations. Honestly, this law group has made a major difference in my life.

K.R.

Expert Guidance in Family Law

I can't thank Mr. Thompson and his team enough for their outstanding support. From the very first meeting, Sarah was incredibly knowledgeable and attentive. They handled every aspect of my case with such professionalism and care. This legal team truly changed my life.

B.M.

Dedicated to Fighting Your Cause

Knowing Mark O’Mara as an attorney who has represented me for the past 23 years and has also been a friend… I can say that Mark is not only dedicated to fighting your cause, but his team shares that same dedication. When you call his office the girls at the front desk always strive to assist you. As for the rest of his team they are committed to winning the best...

R.M.

Nothing Short of Amazing

Mr O’Mara and the entire staff were nothing short of amazing. Mr. O’Mara knew exactly what we needed to do and has even offered additional advice for any future risks. This was all new for me and they walked me through everything step by step and were very patient and most of all responsive and caring. THANK YOU!!!

G.G.

They Are Top Notch!!!!

I cannot express the gratitude I have for Mark O’Mara, Susan and their firm. I had a very difficult custody situation and they guided me towards the best decisions and fought for me. I highly recommend O’Mara Law Group. They are top notch!!!!

M.M.

Such a Professional and Personable Firm.

Such a professional and personable firm. Everyone treated me with respect throughout my entire process. I absolutely dread ever needing the services of an attorney again but I would certainly go straight back to Mark. Susan was awesome and she totally got me from day one. I can’t begin to say how helpful that was for me. Thank you to the entire team!!

S.D.

I Am Truly Proud

By far, the best person, if you ever need an attorney and someone who will always be there for you. I am truly proud to have Mark as my attorney, advisor and friend. Thanks Mark and Alyssa. Michael Hoffman, Attorney at Law and C.P.A.

M.H.

Way Beyond Expectations

Mr. O’Mara and his entire staff especially Alyssa were absolutely impressive with everything. Very efficient and punctual and the overall understanding of every little detail was way beyond expectations. Honestly this law group has made a major difference in my life and helped me through many obstacles associated with owning multiple businesses and continue to do so in...

N.L.

They Were Ready to Fight the Fight

When I went in for my consultation with Mark and Caitlin, I was in a state of total devastation. They lifted the burden and took away the stress of my situation by making me feel completely taken care of. They were ready to fight the fight I didn’t have the emotional strength to do so on my own. I have and will continue to recommend their law group to anyone needing le...

M.S.

Mark Omara was GREAT

Mark has represented me and I hate to say 2 family members of mine, all 3 times mark has delivered success. He has to be the best lawyer I have ever dealt with, he is caring of the situation and of your fears in facing legal matters , he made us feel comfortable , safe and protected. Surprisingly he never made me feel down on myself for stupid things I created that lead to h...

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How Is Property Divided During a Divorce?

In Florida, the division of marital property follows a specific set of steps outlined by the state’s laws. Typically, these steps include:

Identification and classification of property: The first step is distinguishing between marital and nonmarital property.
Valuation of assets: This process may involve closely examining tax records and bank statements to determine the couple’s assets and liabilities.
Distribution process: Florida follows the principle of equitable distribution, meaning the court decides based on the length of the marriage, each spouse’s financial and non-financial contributions, and economic circumstances. The property may be divided through liquidation or physical division.
Negotiation and settlement: Both spouses can negotiate to reach a property settlement agreement to submit to the court.
Court hearings: If the spouses cannot agree through negotiation or mediation, the case might go to court.
Court approval: If the spouses reach an agreement, the court must approve the settlement to ensure it follows Florida state laws and is fair to both parties.
Finalizing the divorce: Once the property division is settled and approved, the court will issue a final judgment that includes the property division arrangement.

Remember, this is a simplified overview, and the process can become more intricate based on individual factors.

Other Considerations in Divorce Cases

Divorce proceedings will address other concerns, too. Couples must hash out the terms for child custody and spousal support. These issues are usually addressed at the same time as property division issues.

Sometimes, if both sides cannot agree, the couples must seek mediation from a third party. At this stage, a mediator will hear both sides of the case and try to reach a fair agreement with all parties.

Whether you need an alimony lawyer or a women’s divorce attorney, contact the team at the O’Mara Law Group.

Rely on the O'Mara Law Group

Property division is a vital part of any divorce proceedings in Florida. Whether you have numerous assets or just a few, you must have experienced legal help. At the O’Mara Law Group, our team of family law attorneys is here to provide you with the support you need throughout these difficult times. We are committed to protecting your rights and interests during this process.

The O’Mara Law Group’s experienced attorneys can help you fight for a fair and equitable distribution of assets and debts. If you need assistance with your divorce, trust our skilled property division attorney to advocate for you. Schedule a consultation with one of our knowledgeable lawyers today.