High Asset Divorce Lawyer in Fort Myers
Divorce cases are expensive. Not only are they expensive in terms of the monetary value spent on a divorce case, but they are also expensive in relation to your valuable time and all of the stress involved. Nowhere does that become more obvious than when a client is dealing with a high-asset divorce.
What Is a High Asset Divorce?
What is a high-asset divorce, also known as a high net-worth divorce? A high net worth divorce is any divorce where the liquid assets involved are going to total over one million dollars. At Patrick McLain Law, we save our clients valuable time and relentless stress by working tirelessly to make sure they retain every asset and dollar they are entitled to.
Collaborative Divorces
Here in Fort Myers, you can count on Patrick McLain Law to support you in all of your divorce proceedings. We’ve handled all styles of divorce cases and can assist you in a property division that will be favorable to you, our client. Our goal is to represent our clients with a tenacity and passion that is unbridled.
Many of the divorce cases that we have worked on fall under the category of collaborative divorce. In a collaborative divorce, each party will retain an attorney to protect themselves from undue hardship. Both parties sign an agreement to work in tandem to resolve all issues related to said divorce proceedings without going to court. Avoiding court can be paramount in coming to a conclusion that is favorable for both parties.
A collaborative divorce procedure is often considered a mix of both divorce mediation and traditional divorce. In divorce mediation, it is with a guiding hand from lawyers that spouses create and agree to a property division without involving a court judge. Traditional divorce, or contested divorce, is what many people think of when “divorce” is mentioned. A contested divorce is where one spousal party serves papers to the other spousal party. This process then relies on lawyers to debate their clients’ claims to property and relies on a judge to decide the final outcome in a court of law.
Contested Divorces
A client may be wondering why they should even consider a collaborative divorce over a contested divorce. In the case of a high net worth divorce, one reason is appeal. We don’t mean that in an “attractive” meaning, although it can, indeed, be the most alluring option. We mean to point out that in a contested divorce, parties are able to appeal the court’s decision when unsatisfied with the outcome. This appeal can lead to even more costly time in court and additional stress that we don’t want our clients to go through. It is worth mentioning that in these contested divorces, it can be hard to prove that your spouse should get little to nothing unless there is clear evidence of marital fault on their part. This can be an arduous task when dealing with high-net-worth divorces.
When a collaborative divorce is used to divide property, although an appeal can be made, they are less likely. The point of a collaborative divorce is to have both parties agree to the terms of the divorce proceedings. When this collaborative process is used, there is a lowered chance of appeal as it is unlikely there will be an unexpected outcome befalling one party.
Trust Patrick McLain Law
We at Patrick McLain Law, of Fort Myers, Florida, are versed in a high-asset divorce. As experienced high-asset divorce lawyers, we can serve papers to begin a contested divorce if that is our client’s desire. However, consideration should be made and your lawyer consulted, as a collaborative divorce procedure can be preferred in respect to our clients and their assets.
Florida is an equitable distribution state. Equitable distribution is a legal concept that dictates marital property to be divided justly and draws a distinction between separate property and marital property, with a marital property being defined as property acquired during the course of the marriage. What this means is that even inequitable distribution of divorce proceedings, the property, and assets you gained prior to the marriage can remain yours. Equitable distribution should not be confused with “equal” distribution. Marital property is distributed in a fair manner for each spouse, taking into consideration many factors.
For more information on deciding whether or not it is in your best interest to pursue a collaborative divorce for your high net worth divorce case in Fort Myers, it is suggested to review the equitable distribution statute F.S. §61.075. Nonetheless, we know this can be a stressful and timely endeavor. It is in a client’s best interest to hire a high-asset divorce lawyer that is already familiar with such information, laws, and statutes. You will find that knowledge when you hire Patrick McLain Law.
To reiterate, when it comes to property division, you can count on the high-asset divorce lawyers at Patrick McLain Law to fight adamantly to make sure you keep everything that you have already worked so hard to obtain.