Archive for July, 2012

How to Dispose of a House in a Florida Divorce

Tuesday, July 31st, 2012

Divorce is very complex and involves numerous issues that each spouse needs to deal with. The most difficult aspect of a divorce is dividing the marital assets and debts. Of the various tasks that a divorcing couple faces when dividing their marital assets and debt, disposing the former marital residence can be one of the most complicated. While a home may be worth a lot of money and constitute the couple’s largest asset, the home is often encumbered with a mortgage, causing the division a much harder task. But with the assistance of an experienced Sarasota divorce attorney, this task can proceed more smoothly and efficiently.

You and your spouse will have four options with regard to dealing with your home and mortgage in the divorce proceeding. It is critical that you clearly understand what each of these four options entail prior to making a decision. A qualified Sarasota divorce lawyer can provide you with the necessary information you need to determine what the best choice is for you.

  • Sell the house and split the profits. The primary goal for this option is to sell the property as quickly as possible for as high of a price as possible, depending on your circumstance.
  • Buy the house from your spouse. Many factors must be taken into consideration for this option, such as whether you can afford it on your own salary and whether you can refinance on your own to have the mortgage solely in your name (if it was not already).
  • Sell your equity in the house to your spouse.  If you choose this option, it is important that you make sure you are no longer on the title. You should either check with an experienced Sarasota divorce attorney or your tax consultant to determine if there are tax implications.
  • Maintain joint ownership. You may choose to delay the decision regarding the ultimate possession of the house for a specific time period, with one of you remaining as a resident.

An Experienced Sarasota Divorce Lawyer Can Help

It takes a qualified attorney to address complex property division issues in Florida. One of the top divorce attorneys in Sarasota is located at the Law Offices of Matthew Z. Martell, P.A. He will explain property division in detail and provide you with all of your options so that you can choose the best option for your circumstances.

For more information or to schedule an appointment with a Sarasota divorce lawyer, please contact the Law Offices of Matthew Z. Martell, P.A. at (941) 556-7020.

 

Sarasota Divorce Lawyers, Sarasota Divorce Attorneys, Sarasota Divorce Lawyer Reviews, Sarasota Divorce Attorney Reviews, Sarasota Divorce, Sarasota Family Law Lawyers, Sarasota Family Law Attorneys, Sarasota Family Law Lawyer Reviews, Sarasota Family Law Attorney Reviews, Sarasota County Divorce Lawyers, Sarasota County Divorce Attorneys, Sarasota County Family Law Lawyers, Sarasota County Family Law Attorneys, Bradenton Divorce Lawyers, Bradenton Divorce Attorneys, Bradenton Divorce Lawyer Reviews, Bradenton Divorce Attorney Reviews, Bradenton Divorce, Bradenton Family Law Lawyers, Bradenton Family Law Attorneys, Bradenton Family Law Lawyer Reviews, Bradenton Family Law Attorney Reviews, Lakewood Ranch Florida Divorce Lawyers, Lakewood Ranch Divorce Attorneys, Lakewood Ranch Divorce Lawyer Reviews, Lakewood Ranch Divorce Attorney Reviews, Lakewood Ranch Divorce, Manatee County Divorce Lawyers, Manatee County Divorce Attorneys, Manatee County Family Law Lawyers, Manatee County Family Law Attorneys, Venice Florida Divorce Lawyers, Venice Florida Divorce Attorneys, Venice Florida Divorce Lawyer Reviews, Venice Florida Divorce Attorney Reviews, Venice Florida Divorce, Venice Florida Family Law Lawyers, Venice Florida Divorce, Venice Florida Family Law Attorneys, Venice Florida Family Law Lawyer Reviews, Venice Florida Family Law Attorney Reviews, Sale of Marital Residence in Divorce, How to Dispose of Your House in a Divorce.

Sarasota Divorce Lawyers | Stock Options and Divorce

Wednesday, July 18th, 2012

With the rise and fall of the stock market, Sarasota divorce lawyers are involved in more cases involving stock options. It has become common practice for companies, especially larger, publicly traded companies, to issue grant stock options to key employees. During divorce, these stock options become a key issue during property division, demanding the legal assistance of a Sarasota divorce attrorney.

What is an Employee Stock Option

There is no question that “stock options” are assets subject to equitable distribution in Florida. However, you must first understand the basic nature and definition of a stock option. A stock option is the right to purchase a specified number of shares of stock for a specified price at specified times, usually granted to management and key employees.

Equitable Distribution of Stock Options in Florida

Property division laws in Florida call for the equitable division in a divorce action. This means that marital property will be divided fairly, but not necessarily equally, when couples divorce.

When stock options are to be divided in a divorce proceeding, it is necessary to determine what portion of the stock options is considered marital property. If one spouse bought or was issued the stock prior to marriage but its value grew during the marriage, a portion of the stock options may or may not be considered marital property. Your Sarasota divorce lawyer will have the resources and support necessary to effectively value and divide stock options in divorce.

Contact a Sarasota Divorce Lawyer

Dividing assets in a divorce proceeding can be highly complex, especially if it involves stock options. At the Law Offices of Matthew Z. Martell, P.A., Sarasota divorce attorney Matthew Z. Martell, Esq. is well-equipped to handle complicated property division while protecting your financial interests. To learn more about stock option division in divorce, contact Sarasota divorce attorney Matthew Z. Martell (941) 556-7020.

 

Sarasota Divorce Lawyers, Sarasota Divorce Attorneys, Sarasota Divorce Lawyer Reviews, Sarasota Divorce Attorney Reviews, Sarasota Divorce, Sarasota Family Law Lawyers, Sarasota Family Law Attorneys, Sarasota Family Law Lawyer Reviews, Sarasota Family Law Attorney Reviews, Sarasota County Divorce Lawyers, Sarasota County Divorce Attorneys, Sarasota County Family Law Lawyers, Sarasota County Family Law Attorneys, Bradenton Divorce Lawyers, Bradenton Divorce Attorneys, Bradenton Divorce Lawyer Reviews, Bradenton Divorce Attorney Reviews, Bradenton Divorce, Bradenton Family Law Lawyers, Bradenton Family Law Attorneys, Bradenton Family Law Lawyer Reviews, Bradenton Family Law Attorney Reviews, Lakewood Ranch Florida Divorce Lawyers, Lakewood Ranch Divorce Attorneys, Lakewood Ranch Divorce Lawyer Reviews, Lakewood Ranch Divorce Attorney Reviews, Lakewood Ranch Divorce, Manatee County Divorce Lawyers, Manatee County Divorce Attorneys, Manatee County Family Law Lawyers, Manatee County Family Law Attorneys, Venice Florida Divorce Lawyers, Venice Florida Divorce Attorneys, Venice Florida Divorce Lawyer Reviews, Venice Florida Divorce Attorney Reviews, Venice Florida Divorce, Venice Florida Family Law Lawyers, Venice Florida Divorce, Venice Florida Family Law Attorneys, Venice Florida Family Law Lawyer Reviews, Venice Florida Family Law Attorney Reviews, Stock Option Division in a Divorce

Advice for Divorced Parents with Children Under Two Years

Wednesday, July 11th, 2012

It seems it would be easier to divorce when children are too young to get upset about it, but Sarasota Divorce Attorney Matthew Z. Martell will tell you that dealing with infants and toddlers in divorce has its own set of problems.

Attachment forming
Children this young are still forming emotional attachments to their primary caregivers, and forming those secure connections requires caregiver consistency and emotional responsiveness.  Beyond that, a baby younger than two months will usually respond to any caregiver, and only begins to recognize and prefer one caregiver over another as he or she approaches six months. From there, the preferences only get stronger until the child reaches fifteen to twenty-four months, when separation protestation becomes common.

Addressing the problem
With typical post-divorce custody schedules, one parent runs the risk of not bonding with the young child; moreover, if a child is frequently separated from a primary caregiver, his or her resulting anxiety can lead to sleeping or eating disorders, fear and clinging, heightened sensitivity etc. This will be worse if the parents’ own emotional issues cause them to be non-responsive, or cause tense situations with arguing and fighting in front of infants and toddlers. How then, do divorced parents ensure that their children are given the consistent, emotionally responsive care necessary to bond with both parents?

Visitation schedules for children this age should be liberal and allow for parents to switch off with feedings and bedtimes, so that the child gets consistent and frequent interaction with both parents. Creating a safe, secure, and stable environment is the goal, and typical visitation schedules that call for one parent seeing the child Wednesday nights and every other weekend are not in the best interests of the child. Parents should also be careful not to overuse nannies and babysitters, which can further confuse the child and upset bonding with the parents.

We Can Help
Arranging parental responsibility (custody) for very young children is a special challenge in divorce; if you need help figuring out a workable schedule, please call a top Sarasota Divorce Attorney at the Law Offices of Matthew Z. Martell, P.A. at (941) 556-7020.