Divorce is never easy, not one person who went through a divorce would say that it was fun and went on like a breeze. The decision to file for divorce is not something that any husband or wife would instantly decide on. Often it takes a lot of emotional turmoil and mental anguish with having to deal with what people would say, or being labeled as someone with a failed marriage. Also, children are the most affected having to choose between their parents and often feeling that the divorce is their fault. It is understandable that those who do decide to get a divorce are already in a negative emotional state and may not be able to think clearly. In this case, it is a good idea to have a divorce attorney that would help you with the divorce. However, it is not just the divorce per se that one should be concerned with when getting a divorce, but more importantly the implications of the divorce to the marital properties. Thus, for this, you need a lawyer like Equitable Distribution Lawyer Charlotte.
Equitable Distribution of Properties
Aside from the issue of child custody, the next most complicated issue in any divorce is the distribution of properties and assets. Different states have differing definitions of equitable distribution and which properties are to be distributed. In California, distribution of marital properties and divisible properties are required in the granting of divorce by the courts. However, there is a way to distribute the properties between husband and wife outside of the court and where it can be amicably settled if the two parties agree to it. This can be facilitated by a firm like Equal Distribution Lawyer Charlotte.
Division of Properties
Only the marital properties and divisible properties can be equally distributed during the divorce. The properties and assets of the couple must first be categorized as to whether it is marital property, divisible property and separate property. Marital properties are those accumulated by the husband and wife during their marriage and before the date of separation, while divisible property are those property or assets that are received after the separation date but was accrued during the marriage. Marital properties can include real property, cars, appliances and personal properties like jewelry while divisible properties can be a bonus, insurance proceeds and 401K.
Separate properties cannot be distributed and will remain as the property of the husband or wife. This include heirlooms, inherited jewelry, furniture or properties that was given to either spouse before the marriage. A lawyer from Equitable Distribution Lawyer Charlotte will be able to classify each property and asset owned by the husband and wife into the three categories and will be able to draw up a plan of equitable distribution.
The law provides for the equitable distribution of properties in the event of a divorce, but for the state of California, the equitable distribution can be agreed on by the aggrieved parties even before the court approves the divorce. Once the divorce is filed and decided on by the court, the parties can no longer petition for equitable distribution. It will be the court who will decide on which property will be given to the husband or wife. Most of the time, the court will not really base its decision on a 50/50 division but rather will take into account the work, pension, debts and status of the two parties. In order to protect yourself from unequal distribution, it is important to have an Equitable Distribution Lawyer Charlotte to ensure that the interests and well-being of their clients will be prioritized.
Equitable Distribution Lawyers
Equitable distribution lawyers are lawyers who specialize in all matters pertaining to the division and distribution of properties of the husband and wife during a divorce. This lawyers have the expertise to carry out the identification, classification, valuation and distribution of properties. When you have a good equitable distribution lawyer, the process of property division will not be as difficult if it was the court who would do it. However, the state only allows division of properties of the couple if they both agree to it. This is where lawyers like Equitable Distribution Lawyer Charlotte are necessary. They will be able to navigate through the properties, bargain and negotiate with the other lawyer until the two parties can agree on it. The court allows the husband and wife to decide which goes to whom and this must be contained in a separation agreement that both parties have agreed to. If the husband and wife will not come to an agreement despite the efforts of the equitable distribution lawyers, then the court will do it for them.
You need a good equitable distribution lawyer since he or she will see to it that your interests are protected, and there will as much as possible a fair division of properties and assets. Letting the court decide on the distribution of properties would guarantee that you might end up with less than what you might believe is fair or just. The court will base its decision on a lot of factors like the spouses’ income, debts, health, retirement benefits, insurance, prenuptial agreements, tax implications, duration of the marriage and a lot more. The court however will not base its decision on marital faults, so even if the divorce was decided on due to faults like infidelity or abuse, the husband and wife would still get less or more than what they would like. Thus, to ensure that the properties can be swiftly decided on, it is a must to hire a lawyer like Equitable Distribution Lawyer Charlotte.
Finding an Equitable Distribution Lawyer
It is more likely that a good equal distribution lawyer has a practice in your area, as the rate of divorce is on an all-time high, the demand for equitable distribution lawyers are also high. You can set up a consultation with any of the firms that specialize in family law and divorce law. You could also ask for referrals from those who have went through a divorce too.