305-358-2330Divorce is one of the most difficult times for couples, especially when the separation of assets results in a fight for one’s legal rights. In addition to the emotional toll involved, finances and assets still remain a battleground in many contested divorce cases.
Protected by the Law…When Assets are involved
In an uncontested divorce, one person in the relationship can file a case in court to dissolve the marriage. However, most attorneys would not advise this for either a contested or uncontested divorce proceeding. Why?
There is always a possibility for some legal issue to arise. In the United States, laws are established to protect each person’s rights in the relationship from the possibility of having to leave the shared residence or distribute assets.
Distribution of Assets: Who Gets What?
In every divorce case, the marital assets have to be distributed. Many cases involve real estate and/or financial accounts acquired in the marriage.
In some cases, though, one or both persons may have acquired their assets prior to the marriage. How does the court decide then? (Read more about Division of Assets)
For marital assets acquired during the marriage, the court will usually try to decide on as evenly as possible. However, assets and accounts that came into the marriage could be exempt if these were utilized for marital reasons.
This could get very complicated and controversial. So, that’s why you need a divorce attorney.
Real Estate: The Battle for the Castle
In some states, real estate is decided as either community property or separate property. So what is the difference?
- Community property is decided when both husband and wife acquired the property during the marriage.
- Separate property is decided when one party claims to own the property before the marriage. However, the spouse claiming this has the burden of proof.
If you did not come into the marriage with any property, the court still has to decide equitable rights. This means that the court will consider your existing income and future earning ability. The court will also consider:
- Your expenses
- Your employment history and job prospects
- Your mental, emotional, and physical state
- Needs of the children
- Hiding from the Law
Some spouses will go to certain extremes to ensure that you get nothing from the split. What do you do in this case?
You should never leave the home prior to the completion of the divorce case unless there is proven domestic violence. Immediately hire a divorce attorney, if you suspect any unscrupulous behavior. Gather all financial and legal documents in your possession to hand over to your attorney.
Don’t Wait to Receive Legal Assistance
You should always remember that the longer you wait for legal help, the more issues your attorney will have in providing full representation during your case and protecting your best interest.
If you want to retain a Miami divorce lawyer to help you with divorce proceedings, try to find one with the experience and qualification.
Contact the Law Offices of Aliette H. Carolan today for more information or to schedule an initial consultation. Call us today at (305)-358-2330.
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- What is the Difference Between Non-Marital and Marital Assets?
- Will I Get Spousal Support in My Divorce?
- How to Prepare for a Divorce?