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Lakeland Family & Divorce Attorney / Blog / Divorce / How an Attorney Can Help Protect Your Right to Equitable Distribution of Property

How an Attorney Can Help Protect Your Right to Equitable Distribution of Property


When a couple files for divorce, complex issues need to be addressed, including property division. Property division is one of the most contentious and emotionally charged aspects of divorce proceedings. It is not uncommon for couples to disagree about who gets what. Such disputes can prolong divorce proceedings. Property division is one of the areas that requires a skilled divorce attorney. An attorney can help protect your right to equitable distribution of marital property. Equitable distribution is a legal principle that governs the division of marital property in Florida and many other states. This legal principle requires marital property to be divided between divorcing spouses in a fair manner. This is different from community property laws, which require assets to be divided equally between divorcing spouses. An experienced divorce attorney can ensure you get what you deserve as the fair share of your marital assets.

Below is how an attorney can help protect your right to equitable distribution of property;

Marital Asset Identification

During a Florida divorce, marital property is divided equitably between the divorcing parties. The first step to protecting your right to equitable distribution of marital property is identifying all marital assets. A qualified divorce attorney can help identify all marital assets, including those assets that may not be immediately obvious. They can help you identify even those assets that your spouse may be trying to hide. Marital assets can include, among others, real estate, bank accounts, vehicles, retirement accounts, and business interests.

Valuing Assets

Another crucial step in ensuring your right to equitable distribution of property is protected is accurately valuing marital assets. An attorney can work with appraisers and financial experts to assess the value of assets, including complex ones like businesses and intellectual property.

Advocating for You During Negotiations

Often, divorce cases are resolved through negotiations. While you are not required to be represented by an attorney during the negotiation process, it is best that you hire an attorney. You may not have the skills necessary to negotiate with your spouse and their attorney. A divorce lawyer experienced in negotiating can advocate for your rights during negotiations. An attorney can strive to ensure you receive a fair share of the marital property without the need for a prolonged court battle.

Advocating for You During the Mediation Process

Mediation is another option that can allow you to reach a mutually agreeable solution regarding property division. Mediation is an alternative dispute resolution method facilitated by a neutral third party called a mediator. An attorney can advocate for you during mediation. They can provide you with legal guidance through the mediation process. Your lawyer can advocate for your interests throughout the mediation process.

Representing You in Court

If your attorney cannot negotiate a fair settlement for you or if mediation does not work, they will vigorously represent you in court. A qualified lawyer can present strong arguments and evidence in front of a judge to support your case for equitable distribution.

Contact a Lakeland, FL, Divorce Lawyer

Our skilled and dedicated Lakeland divorce attorney at Darla K. Snead, P.L., can help you navigate the complex divorce process. We have extensive experience ensuring equitable distribution of marital property and dealing with other complex divorce-related issues. We work to ensure that our clients’ rights are protected and their voices are heard. Contact us today to learn more about how we can help you.

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