How Divorce Lawyers Can Protect Your Interests During Property Division In Court

Getting a divorce can be complicated and emotional, especially when deciding how to split the property. While dividing your property, divorce lawyers can help you protect your rights and interests.

A divorce lawyer can help you get a fair settlement by offering advice and representing you in court. They are knowledgeable about family law and have experience in court. In this article, we will discuss how divorce lawyers can help you protect your assets and get a good result in court when dividing your property.

How Divorce Works: Lawyers Explain

When a couple separates, they must decide how to divide their assets. Examples are money, debt, stocks, business interests, property, and other assets.

The divorce settlement will proceed according to the state law in which it was filed. Community property states and equitable distribution states are the two main types of legal frameworks. In community property states, the spouses own property acquired during the marriage and are typically split equally. In equitable distribution states, marital property is divided fairly but not equally.

It is preferable to divide property outside of court. Negotiating with your spouse can lead to a solution that works for both of you and reduces future conflict. It is crucial to disclose all property types to ensure a fair division. If caught hiding valuable property, you could face serious legal repercussions.

Divorce Lawyers: Divorce Settlement Checklist

Property division typically divides significant assets like cars, homes, and boats during a divorce. But it is important to split up all marital property, and if the divorce is a fight, some essential details may be missed. Use the following list as a guide to keeping track of everything that needs to be done.

1. Real property includes the marital homestead, vacation homes, businesses, rental properties, and undeveloped land.
2. Personal property includes furniture, rugs, antiques, artwork, China collections, crystals, and coins. They also have stamp collections, guns, computers, jewelry, clothes, furs, and cars.
3. Examples of liquid assets are cash, bank accounts, and savings funds. Holiday club, educational, retirement, 401(k), pension, and profit-sharing accounts are included.
4. Sole proprietorships, partnerships, professional practices, professional degrees, and other business interests are examples of business assets. Identifying and valuing these assets is important so they can be divided fairly in the divorce settlement.

What’s The Divorce Process

Here is a step-by-step guide to help you understand the general structure of the divorce process. Divorce lawyers often emphasize to their clients the fact that each divorce case is distinct and should be treated as such. This means that there are no one-size-fits-all solutions when it comes to legal proceedings related to divorce. 

1. One Should File A Divorce Petition

One spouse must file a divorce petition to initiate the divorce process. The petitioner must demonstrate that at least one spouse satisfies the state’s residency requirements to obtain a divorce. The residency requirement typically entails staying in the state for three to twelve months and in the county for ten days to six months.

The petitioner must also give a legal reason for the divorce, which varies by state and can be “at fault” or “no-fault.” The petition must also include any other information that the state law requires. Online divorce applications are available.

1. Ask For Temporary Court Orders

During the divorce process, you can ask the court for temporary orders regarding child custody, child support, and spousal support. The court knows waiting months is only sometimes possible, so you can request a temporary order. The court will hold a hearing, gather information, and decide. The temporary order is typically given by the judge immediately. It is in effect until the divorce is finalized or the court issues a different order.

1. File Proof Of Service

You must give your spouse a copy of the paperwork and file proof of service with the court to file for divorce and request temporary orders. The proof of service shows the court that you gave your spouse a copy of the divorce petition under the law. The judge must proceed with the case with it. If your spouse cooperates, it can be easy. But if your spouse makes it hard, hiring a professional to deliver the documents is best.

1. Negotiate The Divorce Settlement

You must negotiate a settlement if you and your soon-to-be ex-spouse cannot agree on custody, support, and property division. You, your spouse, and your lawyers may meet in a settlement conference set up by the court. Sometimes, a neutral third party can help people solve their problems through mediation. Some states require mediation, but even if it isn’t, it can save time, money, and stress during a divorce.

1. Go To A Divorce Trial

If you cannot get a divorce through talks, you have to go to court. A judge typically conducts the trial, but occasionally a jury is present. Both sides present evidence and call witnesses to support their claims regarding child custody, finances, property, and other divorce-related issues. Divorce lawyers will be of excellent service to you.

1. Finalize The Decision

The judge signs the divorce decree, also known as an order of dissolution, following a divorce trial or amicable settlement. Your lawyer drafts the judgment if you come to an agreement. If not, the judge will write it.

How Divorce Lawyers Protect You

Divorce can be tough on you financially and emotionally, but a divorce lawyer can help:

1. Explain The Grounds For Divorce In Your State, Including Fault-Based And No-Fault Options

There are reasons for divorce in every state, including fault-based ones like adultery and no-fault ones. Some states require separation before a divorce. On the advantages of pursuing a fault-based divorce, divorce lawyers can advise. Legal flaws in a marriage may lead to the marriage being void or annulled, and a lawyer can help you discuss your options.

1. Provide Objective Advice On Issues Like Support And Custody

Divorce lawyers can help lessen the emotional toll of divorce by discussing future issues like child support and custody. They can also act as a go-between for spouses to avoid direct communication and simplify the process.

1. Account For All Marital Assets And Debts

To fairly divide the marital estate, a divorce lawyer makes sure their client discloses all assets. Often, one spouse manages the money while the other is blind to assets and debts. To ensure a fair divorce settlement, a divorce lawyer assists in gathering information and locating assets.

1. Explain How Property Is Divided In Your State And Devise A Debt Repayment Plan

It can be tough to divide debt during a divorce. Joint debt may be owed by both partners. The debt may only be owed by one spouse at times. A lawyer can help determine how a spouse can avoid being held financially responsible for the other spouse’s debt.

1. Negotiate A Settlement Without Going To Court

A family law lawyer can help with divorce settlements for the marital estate. It is typically less expensive and quicker than going to court if there is no dispute. 

Conclusion

In the end, divorce lawyers are important because they protect their client’s best interests when a divorce is split up in court. They can help their clients deal with complicated legal issues and ensure that all assets and debts are listed. They can often avoid going to court and fighting for a long time and a lot of money by working out a divorce settlement.