When people think about divorce one of the questions they almost always get around to asking is who gets to keep the (insert valuable or sentimental item here). Property division is an important consideration in every divorce even if you don’t always feel great about bringing it up.
The court has the responsibility to fairly distribute the marital and non-marital property of the spouses.
Marital property is generally any items acquired during the marriage. And no, it doesn’t matter whose name the property is titled in. On the other hand, non-marital property owned prior to the marriage that was not comingled is pretty much everything that you owned before the marriage.
Keep in mind that a division of property does not necessarily have to be “equal”. Courts often make what may at first seem like an unequal distribution based upon the specific circumstances of the marriage. Several factors are taken into account here. Courts generally consider each spouse’s contributions to the marriage, both monetary and non-monetary. The ultimate goal is to arrive at a fair solution which takes into account the whole of the marriage.
Division of property is often the most troublesome issue in a divorce proceeding. At DiMaggio Law Offices we will be honored and pleased to assist you through this often difficult time. We will prepare all of the necessary documents as well as continue to assist you through each stage of the process until it is complete.