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At What Point Does A Divorce Case Become Like Just Another Business Dispute?


Marriage is an economic partnership, and never is this more obvious than during a divorce case.  The decision to leave your marriage is difficult enough, but it is much harder to divide your marital property in a way that both parties consider fair and, when it is not possible to reach such an agreement, to convince a judge to award you what you consider your fair share of the marital property.  Once you get over the shock that your spouse has filed for divorce, you are just eager for your divorce to be over, so you can move on with your life.  The good news is that most divorce cases last less than a year from filing to final court order of dissolution of marriage, and most of these cases do not even go to trial.  Sometimes, though, you will find couples whose divorce case lasted longer than their marriage.  In cases like this, the court might dissolve the marriage, so that you are legally single, but postpone its decision on some issues of property division.  A Boca Raton divorce lawyer can help you even if your financial situation is so complicated that you will probably have to keep fighting with your ex-spouse in court, even after your divorce has become final.

Legally Single, but Still Fighting With Your Ex-Spouse Over Money

The courts of Florida have the right to bifurcate divorce cases, meaning that they separate the dissolution of marriage from the property division issues.  This often happens when the parties are very wealthy, because high net worth divorce is inherently complicated.  For example, you might recall that Angelina Jolie and Brad Pitt’s divorce case dragged on for years; the judge eventually declared them legally single, even as their property disputes took even longer to resolve.  Another reason to dissolve a marriage quickly, before all the financial matters are worked out, is if the husband and his new girlfriend or the wife and her new boyfriend are expecting a baby together, and they want to get married before the baby is born.  This is important from a legal standpoint because the birth mother’s husband automatically becomes the child’s legal father.  It is possible to change a child’s legal paternity, but doing so requires its own court case.

From a legal standpoint, fighting about property with your ex-spouse after your divorce has been finalized is just like another business dispute.  From your perspective, though, it is as emotionally fraught as the original divorce case.  A divorce lawyer can help you think clearly about the dissolution of marriage parts of your case, as well as the property disputes that linger even after you are legally single.

Contact Schwartz | White About Divorces So Messy They Require Two Court Decisions

A South Florida family law attorney can help you if you are already legally divorced but you and your ex-spouse are still fighting about marital property.  Contact Schwartz | White in Boca Raton, Florida about your case.



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