Divorce and Asset Division – Individual Attention To Your Personal Problems

When your problems at home have reached the breaking point, you need an experienced family lawyer to provide you with sound guidance and competent representation through the entire process of your separation and divorce.  You need to know your rights and have a lawyer who will advocate strongly for your interest.

People are often confused by term "no-fault divorce".  In order for a court to enter a divorce decree, there must be legal grounds for divorce established.  Back in the day, spouses needed to prove that one of them had committed some bad acts to establish grounds for divorce.  This is no longer the case. Today, if a husband and a wife agree that their marriage is irretrievably broken by filing affidavits of consent to the divorce, the court will enter a divorce decree.  Even if one of the spouses will not sign an affidavit of consent to the divorce, a court will enter a divorce decree if one of the spouses files an affidavit that the parties have lived separate and apart for more than one year. So, almost all divorces these days are "no-fault divorces".

But the real problem in finalizing a divorce is not the establishment of grounds for divorce.  The real problem is how to divide the assets and liabilities of the parties so that there is a fair distribution of the marital assets.  This is called equitable distribution of property.  The court will not allow any action for equitable distribution of property to proceed until grounds for divorce have been established.  Then the division of assets dispute is generally submitted to a master in divorce to hold a hearing on the financial issues. The master in divorce will consider many factors, including the length of the marriage, the age of the children, the husband and wife’s respective incomes, their separate assets and liabilities, and what assets each spouse brought into the marriage.  It does not matter which spouse "owns" an asset.  If an asset was acquired during the course of the marriage, it is marital property for the purpose of equitable distribution of property, and subject to division.  Of course, if anytime a husband and wife can agree to an equitable distribution of property, a marital settlement agreement can be made, and submitted to the court for its approval.  Because of the cost involved in extensive litigation, most divorces end in the spouses reaching a settlement.

Every family is unique.  I will take the time to listen to your individual circumstances which led to your family’s problems.  We can then work together to find the best way to resolve your family’s issues.  Whenever possible, I try to negotiate a fair settlement of your divorce case.  Out of court settlements are generally less expensive and less time-consuming than litigation.  However, there are situations where there is no other way to resolve the problems than to forcefully present your case to a court.  To determine the most effective way through to resolve your individual situation, we will work together to find the most effective way to get you the solutions that you need.  Your personal problems are unique.  I will give you the individual attention needed to resolve them.