Search This Blog

Friday, October 28, 2011

The Importance of a Marital Settlement Agreement

A well-prepared Marital Settlement Agreement is a vital tool in protecting your financial assets as well as your rights after your divorce is finalized.  You may have the misconception that a judge will decide how your property is divided or your time with the children will be shared.  However, these terms are usually negotiated between the parties.  An Orlando Divorce attorney knowledgeable in family law can guide you through the negotiating process to ensure your best interests.

There are important elements that should be included in every Marital Settlement Agreement (sometimes referred to as a Property Settlement Agreement.)  When applicable, the amount and length of spousal support will be addressed.  Another major consideration is the division of assets and property.  Included will be any financial accounts, property owned by the parties, vehicles, as well as any marital debt. When there are children involved, a Parenting Plan will include custody, timesharing, support and all other issues involved in raising the minor children.  The Agreement will also address how any future disputes between the parties will be resolved.

Because this written contract will be attached to and incorporated into the Final Divorce Decree, it’s imperative that you are certain your legal rights are protected now and in the future.  If you would like guidance from an experienced Orlando Divorce Attorney in preparing this crucial document, please contact The Law Offices of Wade P. Luther, P.A. at (407) 835-9900 or visit

Tuesday, October 25, 2011

Is a Prenuptial Agreement a Good Idea?

What do you do when a good-intentioned family member encourages you to ask your fiancĂ© for a prenuptial agreement?  This is a common occurrence.  Your loved one is looking out for your best interest.  But will the suggestion alienate your future spouse and cause them to lose trust in you and your relationship?

Prenuptial or premarital agreements have gained popularity recently.  This is seen by some as a direct result of no-fault divorce laws which allow the dissolution of marriage with no requirement of wrong doing by either spouse.  As well, current divorce laws warrant a fair and equitable distribution of assets.  Issues such as children from a previous marriage, a business or professional practice owned by one partner, or significant debt by one partner are some of the contributing factors that cause people to consider a prenuptial agreement.

Money issues can cause a great deal of stress in a marriage.  A pre-nup prepared by an experienced family law attorney forces the couple to consider these critical issues before they begin their married life together.   It can provide an outline for solving problems before they begin.  It can also cause them to more closely consider their actions during the course of the marriage. In addition, an agreement can address issues other than money. 

If you’d like more information about how a prenuptial agreement can protect you in your future relationship, please contact the Law Office of Wade P. Luther, P.A. at (407) 835-9900 or visit

Wednesday, October 19, 2011

What is Mediation in an Orlando Divorce?

Mediation is a meeting where both parties, their attorney’s and a mediator meet in order to attempt to settle a divorce case. In Orlando, Seminole and Osceola, you and your divorce attorney will be required to attend mediation prior to obtaining a final divorce trial.

All offers and counter offers at mediation are confidential. This allows both parties and the attorney’s in a divorce case to speak freely and to offer the best settlement position. If the divorce case does not settle in mediation, both parties are prevented from telling the divorce judge what was offered. Many times divorce parties and the attorneys are willing to give better settlement offers in mediation so that they can forgo the time and considerable expense of a contested divorce trial.

Although there are no clear statistics, Orlando divorce attorneys settle a great number of cases in mediation. This saves their clients considerable money and time.

If you have questions regarding a family law matter,  please contact The Law Offices of Wade P. Luther, P.A. at (407) 835-9900 or visit:

Friday, October 7, 2011

Is my Spouse hiding money during the divorce?

As an Orlando divorce attorney, I often see marital relationships where one spouse handles the finances. This can cause a real problem if the relationship heads into divorce. If you suspect that you may be headed towards divorce or separation, protect yourself by obtaining as much financial information as possible. Prior to separating, make copies of any bank statements, tax returns, paystubs or other financial documents that you can find. Even if the documents are older, they may lead you to the financial institution where other accounts are held. For example, all banks are required to issue 1099 forms to all account holders that earn interest. When going through a divorce or separation, your spouse may not disclose all of the financial accounts. However, even if you do not find actual statements, a 1099 from a particular financial institution likely means that accounts are held at that bank. With this information, your family law attorney will know what banks to target with document subpoenas.

As an experienced Orlando divorce lawyer, I see many cases where spouses will attempt to conceal accounts or other assets during a divorce action. In those instances, you need an attorney that has experience in tracing the financial transactions and uncovering hidden assets.

If you have questions regarding a family law matter,  please contact The Law Offices of Wade P. Luther, P.A. at (407) 835-9900 or visit: