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Property Division Lawyers In The United States

People get married when they have feelings for each other, but that does not necessarily last forever.  In some cases, marriages may end in a divorce. In some rare cases, marital properties are equitably divided after a divorce, excluding alimony. It is not necessary that equitable will mean equal or that it should be divided in a 50/50 share.   Property division is one of the most highly challenged sections in divorce.   

The distribution includes both assets and liabilities. Both the parties want to have more assets than liabilities, and both the parties have their own perspectives about the fairness of their own claim.

If the matter is not solved by the mutual consent, parties move to the court of law. This is where you would require the services of a Property Division Lawyer to handle your suit.   The reason we include property division attorney to the separation is to determine the classification of assets and liabilities while the court assesses the factors.   Properties in the division are classified into: marital, non-marital and commingled (combined). As they are different in type, they might have a different assessment.

Common type of properties in division includes, but is not limited to the following

  • Family home, properties, and estates
  • Bank account and monetary valued items, like motor-vehicle, jewelry, etc.
  • Pension, retirements accounts including 401(k)
  • Stock option, bonds, and other investments
  • Items of sentimental values
  • Memberships etc 

Factors That Impact Property Distribution

There are various factors which can influence the division. Factors are dependent on the case type and a new factor can also arise as there is no clear definition. However, the court will look to these factors and finalize the shape of the distribution of property.

  • The total duration of the marriage.
  • If the property has been owned before the marriage/after the marriage.
  • If the property has been received as a personal gift or commingled gift.
  • If one party has to be a custodial parent.
  • If the custodial child is disabled.
  • Present and potential income of both the parties.

Why Should You Hire a Property Division Lawyer?

Valuation of property is not an easy task, it requires skill.   Similarly, arguments in courtrooms require experience.  If you are going through a divorce, you are already vulnerable on the financial and emotional front. Would you risk the case with below par level argument skill? If you are also dealing with the attorney of another party, the chances will plunge.   Property Division Lawyers are masters in their specialization. They will be able to represent you better than you will be able to, simply because they have the experience to do so.

Through their professional negotiable and trial skills, you can sit back and relax during the proceedings. They will take care of all the paperwork and formality while they are fighting to protect your interest.

You should always remember that property division is a decree and not an order. Unless the court initiates or the circumstances are extraordinary, there would not be any change or modification to the final decree. There will be one proceeding, one argument and one equitable distribution, period. It is not a smart move to risk a win just to save a lawyers fee.

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