Divorce proceedings are often extremely stressful and emotional for both parties involved. Having built a live together, a couple will undoubtedly have a difficult time deciding who gets what, making the division of property one of the most heavily contested issues during divorce proceedings. The process is complicated and can often turn ugly as disagreements over the small details of property division arise.
Perhaps the greatest point of confusion for many people facing a divorce is the difference between marital property and individual property. When you become legally married, several of your assets are mixed with your significant other's assets, while other assets remain individually yours. Many states solve this problem by using the idea of “equitable distribution. " This system attempts to divide any marital property in a fair and flexible way. To ensure that the court is being as fair and flexible as possible, it must consider several things, including:
- Duration of the marriage
- Child custody
- Child support
- The health of each spouse
- The economic situation of each spouse
The employment situation of a spouse impacts whether or not they will be awarded custody of the couple's children. The type of job that a spouse has is taken into consideration to make sure that their lifestyle and obligations are conducive to caring for a child. If a parent's job requires them to work irregular hours or go on a high number of business trips, custody is usually granted to the other parent. This is not meant to punish either of the parents for their career choices; rather, it is used to ensure that the children are given the best living situation possible.
It is practically impossible to predict the outcome of property distribution in a divorce since it is so strongly based on subjectivity. A judge may place more emphasis on one factor than another, depending on their preferences. Hiring an experienced divorce lawyer to handle your legal matters is the best way to ensure that your rights are properly represented during your divorce.
A skilled attorney will be able to aggressively fight for your rights in a divorce proceeding and will be able to provide you with the legal counsel needed to ensure that your marital property is fairly divided. Whether you and your spouse are friendly or tend to argue, it is in your best interest to have a knowledgeable attorney on your side to protect your rights.
Turn to an experienced divorce lawyer to guide you through the complicated legal process.