A divorce terminates not only the legal partnership between two spouses; it also necessitates for their properties and other assets acquired during their marriage and before separation to be divided equitably. However, for properties and assets that were acquired prior to the marriage, they are excluded from the division as they are considered separate property or properties that are not shared by the couple.
Division of property is also called equitable distribution and is a judicial process that secures the rights and obligations of spouses during the process of divorce. The division of property can be done by having an agreement between the two parties. The division can also be done through a property settlement or it can also be obtained through judicial decree.
If you are contemplating about getting a lawyer to help you with your property concerns but are not sure when exactly to do it, here are some ideas:
When to Consult a Property Division Lawyer?
- When you are contemplating filing for a divorce. If you are seriously considering filing for a divorce, it would be best to look for a property division lawyer so for you to know how your property can be best protected in the event that you pursue with the divorce. It always pays to know your options and to have the right information for you to know how you are going to deal with divorce process and for you to get just and equitable share on your marital properties.
- When you have marital or community properties. There is no sense in filing for property division if you do not have community or marital properties to begin with. However, if you have assets and even liabilities accrued during your marriage, it is best to find a property division attorney who will help you with the distribution of those assets. Filing for a divorce is already complicated and if you are going to add property division on your plate, you might be overwhelmed with everything, unless of course you have a reliable lawyer who will help you with all the legal matters concerning the divorce. One thing to consider is that, properties are not the only thing that you need to divide; your liabilities are debts are also something you need to discuss with your spouse. This is an important aspect for both parties because surely, either of you do not want to pay for the personal or separate debts ensued by the other after the divorce.
- When you have no legal background. Divorce and property division is an intricate legal process that requires experience, academic background and training to be able to fully understand the process or at least, have a full grasp on the situation. If you have no legal background or you do not know anything about the process, it would be best to leave the matter in the hands of the experts who knows exactly how to help you. For all you know, your spouse may have prepared for divorce and concealed some of his or her financial details. However, with an experienced lawyer, you can be sure that whatever financial secrets your spouse may have can be exposed. The property division lawyer can advocate in your behalf and can even bring matters to court and help you achieve your goals.
- When you need legal advice. There are a number of options for those who want to end their marital status with their spouse and also for those who want to equitably divide their properties when the finality of the divorce is achieved. However, if you do not have a legal background or a counsel to guide you on the best option suitable for you, you may end up not getting what you truly deserve. The good thing about having a reliable property division lawyer is that you can be sure that you and your children can get what is rightfully yours and your separate properties or properties obtained outside the marriage remains protected.
You can find a lot of property division lawyer on the internet or you can also ask from your friends and family for referrals. Look for a property division lawyer who has been working on the field for a good number of years with substantial experience in client handling and case management.