It’s sometimes easy for divorcing spouses to forget that marital debts must be divided the same way that assets are distributed between the parties. Through the recession, however, we’ve seen an increasing concern for avoiding liability for more than a client’s fair share of the debts.
If low equity in the marital residence, substantial medical bills or high credit card balances will present important debt division issues in your divorce, you should seek the advice of an attorney with experience in complex or high-conflict property division. We sometimes find that the division of assets might go smoothly enough, with the major snags coming up in the apportionment of marital debt.
Taking into account such factors as the income of each spouse, any projected alimony obligations, child support issues and your broader asset division objectives, we can advise you about the best ways to apportion such marital debts as:
Home mortgage debt
Medical or hospital bills
Credit card debt
Student loans, unless they’re separate obligations
Personal guaranties of business debt
Bear in mind that it’s one thing to divide the primary responsibility for a given debt between divorcing spouses, and another thing altogether to adjust your obligations with a creditor.
If your spouse will be responsible for paying a joint debt and fails to do so, the creditor can pursue you for payment even after the divorce.
Experienced Legal Help With Your Florida Divorce Issues
Many people come to our law firm with all issues defined. We can assist in reviewing an existing agreement to ensure your interests are protected, or we can assist in compiling your wishes into a comprehensive settlement agreement, addressing issues such as:
Property division and debt allocation
Other important concerns
Your divorce settlement agreement can then be presented to the court and converted into your divorce decree. You can have confidence in the decisions made, rather than leaving the final judgement up to a judge who does not understand the uniqueness of your situation.
Negotiating Divorce Settlements
When a marriage starts to fall apart, it can be difficult to converse with one another, let alone come to agreement on terms as important as parental responsibility and business asset division. However, when both parties are willing to try to work together to negotiate an agreement, it can save everyone time and money.
Our South Florida divorce lawyers can help you effectively negotiate on complex divorce issues and work with you to create a fair property settlement agreement, parenting plan and other components of your divorce agreement. Even if all issues (equitable distribution, alimony, child support) cannot be decided through negotiation or divorce mediation, remaining concerns can be brought to court. Our attorneys remain dedicated to your interests and your goals, whether we represent you through a negotiated solution or we assert your rights in divorce litigation.
Josh and his team proved their track record. I hired him at 9am and they appeared for me by 1pm the same day. Highly contested paternity case, turned dependency nightmare. He faught hard in a short time and got the results I needed. My baby back. Josh and his associates are kind, patient, diligent and aggressive. They are human. I trusted them through the whole process. I was kept informed and they faught with passion. I’d rehire josh and his team any day. It was well worth the money spent. – Rochelle
Jason and his team were great. They expedited my divorce of 27 years. Jason keep me on point and protected my rights. Jason truly has a gift, he provided me all the facts and navigated the process with ease. If you want a team of attorneys that have your best interest at heart, call Jason Brodie. – David
I could not be more satisfied with the way Josh represented me during my divorce. He is professional, passionate, and truly cares for his clients. His attention to detail is impeccable. He thought of all possible scenarios and addressed them all. He is relentless in making sure you are not being taken advantage of. I’m so great full for his services and I highly recommend him. – Diego
Jason Brodie is what you want in an attorney: Ethical, classy, smart, and most of all he understands the law. He told me the truth, not what I wanted to hear, and gave me my options. He works with you to achieve your outcome. He did a masterful job for me! His firm is just as attentive, smart, and responsive, and gives you the support while you are getting battered by the despicable assaults from your ex and their counsel. It was a tough case, but he got it done ethically. It’s now over and I’m at peace. – Vincent B.
The best thing about Joshua Friedman was his compassion, knowledge and commitment. He was straight forward and told me what to expect each step of the way. He not only advised me on my initial separation, but continued to guide me until my divorce was finalized. He kept me informed with each new filing and discussed all of my options and risks. He was honest and answered each of my questions with thorough and thoughtful responses. His knowledge of the law was invaluable and I can’t thank him enough for his professionalism and dedication to my case. I would highly recommend him to anyone looking for a lawyer who will devote his all to his clients. – Jennifer