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YOUR DIVORCE CASE

Divorce is a difficult time for the whole family, but you don’t have to face it alone.  Whether it’s an uncontested divorce or a high-conflict divorce case, Kim Banister provides experience and comprehensive legal services. Divorces involve many issues including, but not limited to: timesharing (custody/visitation), child support, alimony, the division of marital assets and liabilities, domestic violence, among others.

Florida is a “no-fault” divorce state. What this means is you do not have to prove that one spouse or the other is at fault or has engaged in misconduct. Basically, you can divorce someone for any reason or no reason. Your spouse does not need to “agree” to give you a divorce. If you can show the judge that your marriage is “irretrievably broken,” which is just a fancy way of saying that you cannot repair the marriage even with counseling, you will obtain your divorce. In order to file for divorce in Florida, you need to have resided in the state for six (6) months or more. Florida has no requirement that the parties separate or live in different residences prior to filing for divorce.

Our firm provides individualized service and excellent communication throughout your case.  Kim works tirelessly to find the right solutions to your family law issues whether that’s resolution through the mediation process or if your case needs to go to trial. With over 16 years of experience, Kim has the knowledge and skills to help you during this very difficult time. 

We have the experience necessary for challenging, high-conflict and high net worth divorce, complex property division, as well as international divorce that is out of the scope of many other law firms.

Experienced Divorce Representation in Matters of:

  • Uncontested Divorce

  • High Conflict Divorce

  • High Asset/Net Worth Divorce

  • Division of Assets and Debts

  • Alimony

  • Child Custody

  • Child Support

  • Temporary Order and Enforcement 

  • Modifications to Existing Court Orders

  • Mediated Settlements

  • Relocation

  • Protective Orders in Domestic Violence

  • Prenuptial and Post-Nuptial Agreement

  • Appeal Family Law Cases

DIVISION OF MARITAL ASSETS AND PROPERTIES

While there is a great degree of emotion to deal with in every divorce, many people also forget that there is a business side to divorce as well. According to Florida law, a couple’s assets and liabilities must be divided “equitably” and if they cannot come to an agreement, the court will make the division for them. The court has the discretion to divide a couple’s assets and debts fairly, using its discretion. While many people think that dividing everything equally is “fair,” that may not always be the case in a divorce.

Many people assume that if their name alone is on the title to an asset or they paid for it with their personal paycheck, that asset belongs to them only. That is not always true. Any assets or property that either spouse acquires during the course of the marriage, whether in joint name or individual name, is a marital asset. An example of some types of marital property include: vehicles, personal property, bank accounts, real property, gifts that either spouse gave to one another during the course of the marriage, a business entity or professional practice, any and all funds (whether vested or not) in a retirement account, 401k and/or IRA which were acquired during the marriage, inheritances or premarital assets (if they were “co-mingled” with marital funds or put in joint name during the course of the marriage). These are just a few examples.

Couples in today’s day and age do not just have “stuff.” They also have debts associated with that “stuff” that need to be divided as well. Marital debts include any and all debts acquired or accumulated during the course of the marriage, either in joint or individual name. Examples of marital debt may include: car loans, mortgages, student loans, credit cards, lines of credit, medical debts, business loans, tax liabilities, etc. If the couple cannot decide how to distribute this debt during the course of their divorce action, the court will make the division for them.

The court will make every attempt to be “fair” about how it divides the debt, but again, that does not necessarily mean that the division will be equal. The court will look at many factors when making this decision, some of which include: the parties’ respective contributions to the marriage or one another’s careers and education, the desires of each party to retain certain assets, as well as the assets distributed to each party in relation to the debts. If the court determines that an “unequitable” distribution must be made, this decision must be justified in writing.

We know how important your family is to you, Ms. Banister understands the rigorous requirements of the court system and Florida divorce law. She is committed to providing you the best, most aggressive representation of your legal rights in all of your family law matters. Contact us today at (386) 256-3057 and take the first step towards protecting your family and your rights under the law.

SERVING VOLUSIA AND FLAGLER COUNTIES

737 S. Ridgewood Avenue, Suite 221, Daytona Beach, Florida 32114   

226 E. New York Avenue, DeLand, Florida 32724

(386) 256-3057

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