During a divorce, property is divided among former spouses. Any property that is acquired during a marriage but before a divorce is known as marital property. Property that belongs to one of the two spouses prior to marriage is known as separate property.
While this aspect of New Jersey divorce law seems generally straightforward, the cases themselves might be anything but. That's why we've committed ourselves to helping people in the greater East Brunswick and Freehold area with their divorce proceedings. Let's consider some of the issues that arise when couples divide real estate during a divorce.
Division of a Marital Home
For some belongings, the division of property can be relatively easy, particularly when it comes to separating property in terms of specific belongings or items of clothing and furniture. For major assets such as homes and for marital properties, these disputes can be difficult, time-consuming, and extremely emotional in nature. A judge can help determine what is an equitable division of property based on the earnings of each spouse, the division of other martial property, and so forth.
Division of Other Properties in a Divorce
Many couples may own additional properties apart from their marital home. This includes rental properties, vacation property, and so forth. As with the martial home, it's important to consider the equitable distribution of assets when these additional properties are considered. Arrangements will have to be made regarding rental income, the ability to stay at the properties, and so forth.
Examples of Property Disputes in a Divorce
As you can imagine, many kinds of disputes can arise when it comes to dividing a marital home.
Some spouses would prefer to maintain ownership and the ability to live in a marital home after a divorce. If there are children involved, this typically means living in the marital home with the children so that the kids can be raised in a solid environment. Situations can be just as complicated if there are no children involved.
Some spouses may have disputes about whether or not a home is technically considered a separate property depending on the date that the home was bought. This can lead to major fights over who truly has a claim to the marital home.
Considering the Personal Side of Divorce in Disputes
On top of these legal matters, divorces can be extremely difficult and toxic matters, causing harsh feelings and extremely heated disagreements. The simple nature of some separations and divorces will cause disputes to arise because of the feelings that are tied up in the divorce proceedings.
How a Divorce Lawyer Can Help
By working with a divorce attorney, you can have a strong advocate for you and your rights on your side. Your attorney will help ensure your side is heard and will attempt to iron out any disputes. Divorce attorneys can work as essential go-betweens, allowing just the facts to be discussed without the emotions attached to the matters that are being negotiated.
Contact the Law Offices of Jeffrey W. Goldblatt Esq.
For more information about your legal rights and options during a divorce proceeding, be sure to contact an experienced family law attorney today. By working with an experienced lawyer, you will get the help you need to help you through this difficult and trying moment in your life.