Understanding equitable distribution

Any divorce can become messy and complicated at any moment. Making things even more complicated as things proceed is most often the dividing of property and assets. The laws are different dependent upon what state you reside. Many states split community property equally for both parties regardless of circumstances; others act under what’s called equitable distribution, which can follow a very different path than you may expect. Understanding the laws regarding divorce in the state in which you live can better prepare you in the event you find yourself having to go through with a divorce. Knowing your rights during divorce proceedings is very important and it makes a difference in the distribution of your assets. When equitable distribution presides over your proceedings, it is up to the court to evaluate many different factors within the case that contribute to reaching what is considered finally a fair decision. However, it is assumed that the proceedings begin with the equity split evenly before weighing a series of competent and substantial evidence to base the judge’s determination of award.

Factors taken into consideration

Contributions- How and what the spousal parties contributed to the marriage is taken into account. Points of interest may include how child care was handled if there were any children, how finances were gained, and how increases in value and status accrued for certain items.

Duration- The length and stability of the union plays a considerable part in reaching a judgment, just as if the couple were not together very long and earned few assets together holds a large impact.

Infidelity- This is also a touchy and varied outlook from state to state. Even if adultery took place and you live in a no-fault jurisdiction, if the acts of indiscretion affected the union in the matters of finance, it may impact the division of child custody, alimony, or any other assets.

Education and career- What either spouse did to contribute to the advancement of each other and the marriage as a whole that resulted in achieving a greater income or position is looked at closely.

Children- Minors are usually taken into account as first priority for settlement in any proceedings.

Representation- The knowledge and understanding of the finer points in approaching the challenging situation has an importance that can mean the difference between being awarded with asset and being left with nothing. Making sure you retain the right representation can ensure that your side is not overlooked. The possibility of a long and difficult process if the parties are not of an amicable nature, or the amounts of assets are numerous, is a likely fact of reality. The proper counsel advising you will not only make a difference in the outcome, but the often confusing transition following the judgment.

Seek an attorney for consultation to see if they are experienced, considerate, and have the best interests of assisting you get the results that you want.