Maplewood Property Division Lawyer
One of the most contentious aspects of divorce proceedings can involve property division. Spouses could have different views on what constitutes equitable distribution or even what should be considered marital belongings.
If you are dealing with the prospect of divorce, our skilled divorce attorneys could ensure the division of assets is handled fairly. With the help of a Maplewood property division lawyer, you could ensure your rights and belongings are protected.
Identifying Marital Assets in Maplewood
It is helpful to remember that the courts are not tasked with dividing every asset owned by spouses during divorce proceedings. Instead, the court only has the power to divide marital possessions. The determination of whether an asset is considered marital or individual property is often contested during a divorce.
Before a judge divides belongings, a separating couple must first determine what belongs to the spouses as opposed to an individual person. Identifying an asset as marital property is an important step that could shape the entire process moving forward. A trusted attorney in Maplewood could ensure that a spouse’s possessions are properly categorized during a divorce.
In general, belongings that are acquired by the couple during the course of the marriage are considered marital. These belongings are subject to division during divorce proceedings, as the law presumes they are owned equally by the couple. This is true even if one spouse takes steps to purchase an item on their own.
Alternatively, possessions purchased prior to the marriage are generally considered individual property. This asset remains with the owner and is not subject to division during divorce proceedings. There are important exceptions, such as a family inheritance, that could render property obtained during a marriage as belonging to an individual.
How Do Courts Distribute Marital Possessions?
If the spouses cannot agree to divide their marital belongings in a certain way, it is up to the court to handle splitting their assets. In New Jersey, this is done based on a legal theory known as equitable distribution. The equitable distribution standard requires courts to distribute property in a way that is equitable, even if the split is not even.
To divide assets equitably, the court will consider an array of factors. A judge will first consider the length of the marriage and the health of each spouse. Spouses with health issues might receive a larger share of possessions, especially if the marriage was over many years. Other factors include:
- Other income sources
- Education levels
- Marital agreements
- Marital debts
Despite the existence of this standard, the process of dividing marital property remains subjective. During divorce proceedings, both sides will have the opportunity to be heard regarding issues about dividing assets. If any disputes occur, an asset division attorney in Maplewood could secure a fair resolution.
Contact a Maplewood Property Division Attorney Today
If you are concerned about dividing belongings during a divorce in New Jersey, it is imperative to call our Maplewood property division lawyers as soon as possible. Working with our experienced legal team could give you the best chance for a fair distribution of marital assets.
Before you move forward with ending your marriage, let a qualified attorney advise you on property division issues. Contact our office right away to get started.