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Family Law - Divorce- My trial is coming up tomorrow...

Winter Park, FL |

I have bank accounts that I had prior to the marriage. During the marriage we never had joint bank accounts and always maintained our money separate. Can I argue that the money in my accounts is non-marital? Not sure if it matters, but we were married for 5 years and no children.

Attorney Answers 7

  1. I have attached a link to FL statute 61.075. Please review thoroughly.

    It is a bit late in the game here with trial tomorrow but with these type of questions last minute it is clear you really need an attorney.

    Without having a clear picture of all the financial discovery - I would surely argue that the funds are marital if I was your spouse's attorney. But again, I do not think any attorney can give a straight answer without having reviewed all financial discovery.

    You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

  2. You definitely need to read that statute...61.075. It's hard to help people the day before a trial. Good luck!

    Bill Rosenfelt 407-462-8787 (Orlando/Longwood/Central Florida)

    Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.

  3. Do whatever is necessary to try to get face time with an attorney today. Also, you may wish to consider asking for a continuance in the name of hiring counsel to help you. Good luck!

    Please note that the answers provided herein are the attorney's professional opinions based upon the attorney's experience based upon the information provided to the attorney as part of the attorney's participation in the setting of this forum. No responses posted by the attorney in question are intended to be legal advice or professional advice of any kind. No attorney-client relationship is being established or solicited. The attorney will not make any communication with the person asking the question unless that person independently contacts the attorney outside of this forum.

  4. There are a lot of factors to consider with this one. The statute is clear in stating marital assets and liabilities are "[a]ssets acquired and liabilities incurred during the marriage, individually by either spouse or jointly by them." Your earnings during the marriage goes from you to us after the ceremony. I agree that the best advice is to get an attorney and ask for a continuance to give that attorney time to go through all documents.

  5. Without a full analysis of the financial discovery, we cannot give you a COMPLETE/ ADEQUATE answer. You should consult an ATTORNEY ASAP who can review your full financials and advise you accordingly.
    Generally, you can argue that assets that accrued prior to the marriage is non-marital assets. One can argue that it was kept separate and never "commingled" and therefore marital property.

    The other side can argue that marital funds were placed in there and therefore commingling occurred, making it marital property.

    The other side can also argue that the enhancement in value of that bank account that occurred during the marriage is marital property whether or not its in your name alone. 

    Again, every case is different and outcomes are fact-specific. So, without enough information, we can't provide a complete answer to your question.

    This response does not establish an attorney-client relationship. This response does not constitute legal advice.

  6. I agree with the attorneys who have previously responded to your question. Please review FL statute 61.075 carefully. There are a lot of factors to consider here. The best advice is to ask for a continuance informing the Judge that you would like to hire legal counsel and to meet with an attorney asap so you and the attorney can discuss your options, rights and legal arguments. It is late in the game but I hope the Judge grants the continuance. Good luck!

  7. You got some very good advice here. Hope it worked out for you.

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