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Does Your Marriage Need Counseling or Divorce?

Posted on Mon, Aug 31, 2015

If your marriage is going through tough times, you might be considering counseling or divorce as the solution to your problems. But which path should you and your partner take? And will outside advice really help or will it only make things worse?

To answer these questions, you'll need to consider another question: Are you or your partner already determined to separate? If the answer to that question is yes, seeing an adviser will not be very effective and may even be detrimental to your relationship.

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When is a gift given during a marriage considered marital property?

Posted on Mon, Aug 24, 2015

When determining marital property, one must first go to Florida Statutes Chapter 61 to determine and to define the marital property.  That is usually just the first step, however.  The next step would be an analysis of the case law.  When reading this blog, understand that situations and fact patterns differ, so although your situation may seem consistent with this blog, there could be a very small piece missing that changes the characterization of what you are looking for.  The first step in an equitable distribution analysis trying to figure out when a gift is marital property is the timeframe that the gift was given.  Absence a prenuptial agreement or some other written proof, any assets or liabilities acquired from the point of marriage to the point of filing a petition for dissolution is usually going to be presumed marital.  Gifts are also presumed marital, generally. 
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