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When divorce divides things with sentimental meanings

On Behalf of | Jul 7, 2015 | Property Division

If you are currently contemplating divorce, you need to know that Florida is considered an “equitable distribution” state. This means that family court judges will attempt to oversee the division of property between divorcing spouses in a manner that is as fair as possible to both parties. This is important to know because some divorcing spouses confuse the meaning of “equitable” as meaning “equal”. Although these words may seem similar, they often do not produce similar outcomes when it comes to dividing up a marital estate.

Frequent readers of our online blog may recall a previous article we wrote that provides several good examples of how complicated the division of marital property can be during divorce. In that case, a divorcing couple disagreed as to which party should gain possession over the cremated remains of a son previously killed by drunk driver.

Both parties made compelling arguments in that case. The wife wanted to bury her son’s remains in a cemetery located in the town where the boy had grown up. The husband countered by arguing that he and his wife had previously agreed to bury the boy’s ashes in a family burial plot. The court ordered the couple to work it out within 30 days or else the court would resolve the issue by appointing a burial service to bury the remains.

Of course, this is just one example of how items with significant sentimental value can be extremely difficult to divide. Valuable collector’s memorabilia, works of art and even something as mundane as family photographs often hold deep emotional meaning for owners.

That’s why your selection of a Florida family law attorney can prove vital to representing your views regarding the sentimental value of your property. You need to know that your advocate will negotiate forcefully on your behalf in situations where the monetary value of certain items are not necessarily as important as their emotional worth.

From our offices in Miami, our law firm is committed to providing clients throughout the greater Miami-Dade metropolitan area with relevant and realistic legal options. Protracted litigation can be expensive. Prospective clients should know that we understand the importance of containing legal costs while also pursuing the most favorable outcomes. There is no fee to potential clients for an initial consultation with one of our experienced attorneys.