2151 Main Street Suite 201, Sarasota, Florida 34237
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The Byrd Law Firm, P.A.

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The Byrd Law Firm P.A. is located in Sarasota, Florida and has been providing legal services to residents of Sarasota, Bradenton & Venice for the past 13 years.

Our Criminal Law & DUI attorneys, Derek Byrd & Drew Solnoki, are known for their aggressive and succes…

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Divorce Blog Post

What’s Mine is Mine and What’s Yours is Mine, Too

Florida family court requires that all couples attempt mediation as a first step to solving inequities and coming to a mutually acceptable agreement. Using this process alleviates the need for the court to determine the disposition of your family property. However, if you cannot come to a mutually acceptable agreement, the court rules as it sees fit without regard to your most deeply held preferences.

Maybe you and your spouse have built a business together. Or maybe you are working on dividing the house and other material properties. Florida’s equitable division laws mean that a judge may not agree with what you perceive as your fair share. The judge must consider a variety of points beyond pure numbers when deciding what equitable means.

Let’s say, for example, that John and Jane had a business together that they have agreed to sell as part of the divorce proceedings. Jane is the primary caretaker of the children, and deals with a chronic illness. Jane is likely to receive more than 50 percent of the sale of the business because she has higher costs. Let’s say, however, that Jane and John are sharing custody but Jane has a history of spending money wastefully on shopping. In this situation, John is more likely to receive a higher share, even in a no fault divorce.

It is clear is that every case is unique and with so much at stake, it’s preferable if both parties can come to agreeable terms rather than leaving decisions to a judge. A negotiation between the two parties’ lawyers can help minimize the emotional tensions involved and ensure that you receive your fair share. Especially when it comes to dividing a business, having an experienced and dedicated lawyer on your side can mean the difference between reaping the benefits for your hard work and being left out in the cold.

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The Byrd Law Firm P.A.
2151 Main Street, Suite 201
Sarasota, Florida, 34237 USA
941-315-6679