Areas of Practice
The Basics Of Property Division During Divorce
When you are going through a divorce, the entire process can be incredibly stressful and difficult to manage. It’s even more complex when assets and property are evolved and the divorce devolves into little more than a fight over who gets what.
But the fact is that when you cut through all the anger and emotion, there are some very set rules regarding what kind of steps are taken to determine property division during a divorce. Here are some of the primary things that courts will look at.
- Prenuptials – This is nothing more than an agreement signed by both parties prior to the marriage, detailing exactly which party gets what. It may not be romantic, but it’s a solid way to ensure that property distribution doesn’t turn ugly in the weeks following a separation.
- Mutual Agreements – In some Pennsylvania divorce cases, both parties are simply able to come to terms on their own. If you and your spouse are able to decide on your own or with the help of your divorce lawyer just who gets what, you can avoid protracted battles in courts or a number of other hassles.
- Equitable Distribution – Under Pennsylvania law, those who turn to the courts will be facing what is known as equitable distribution. Instead of just dividing everything equally, things like length of marriage or the income levels of each spouse could be considered here. The idea is a fair and equitable distribution, not one that is always 100% evenly distributed.
Often, couples will have to sell off major assets and then dividing the proceedings among them -generally based on equitable distribution. No matter what path you’re going to take, having an attorney on your side is important. They can negotiate better mutual agreements for you and also help ensure that your best interests are represented fairly during equitable distribution.
Not only that, but having a divorce lawyer help you with your case ensures that you aren’t overwhelmed with emotions that make it harder to manage your divorce. They’ll take care of the hard work while you focus on getting on with your life. It’s an important part of being able to go through divorce with dignity.
There’s no way to guarantee what kind of division of assets and property will occur in your case, but there is no question that having a lawyer on your side can help ensure that you get better results as you go through the process.