What happens to the family home when a couple gets a divorce? How about their joint bank account? And the family business? And don’t forget that valuable painting that they received as a wedding gift? Who gets to keep what? How will they split their marital property? These are questions that couples must answer when they decide to split up and go their separate ways. For some couples, the answers can be found in their prenuptial agreement. For some others, the issues are complex and made more difficult by the heightened tensions already existing between divorcing couples. Our Millburn division of property lawyers has the experience and resources to help you through the maze of complex issues to arrive at a fair and equitable division of property.
Why Choose A Division Of Property Attorney From Nitti & Nitti?
For more than 30 years, New Jersey clients have trusted us with their family law cases and other legal matters. You can too.
We have the resources and insight to help you successfully navigate complex family law issues and pursue favorable results.
We understand how demanding and emotionally exhausting divorces and custody disputes can be. For this reason, we provide skilled counsel with a personal touch, working closely with you to protect your interests and create customized solutions.
Our principal lawyer, Joseph Nitti, Esq., is a certified mediator and is also trained in collaborative law. Both of these options can streamline the family law process and help you obtain timely results.
If you are looking for a division of property attorneys in Millburn, we can help you. Give us a call at (973) 226-4141 to schedule a free consultation.
Factors that Impact the Division of Property
Divorcing spouses can decide for themselves how they want to divide their property. In fact, some couples do just that with their prenuptial agreements. Such issues are settled even before the marriage is contracted. However, the existence of a prenuptial agreement isn’t a guarantee that there will be no dispute when the couples are faced with the reality of a divorce. Even a prenuptial drafted with great care and expertise cannot truly anticipate the expressions of emotion that will accompany a divorce.
When the courts are given the task of dividing marital property, they evaluate a set of sixteen factors including the following:
The duration of the marriage
The age and physical and emotional health of the parties
The income or property brought to the marriage by each party
Any written agreement made by the parties before or during the marriage concerning the division of property
The debts and liabilities of the parties
The income and earning capacity of each party
How Will the Property Be Divided?
The objective of the court is to achieve equity and fairness rather than equality. The result of the court’s assessment of all the evidence presented could mean that instead of an equal split of the marital home, for instance, the division may be eighty percent to one spouse and twenty percent to the other.
The court relies on evidence provided by the parties to determine what constitutes marital property to be divided, the value of the property, and in what proportion to divide the property. A competent division of property attorney will have the resources to conduct a thorough investigation of existing marital property. They also have access to property evaluation experts who can assist the court with evidence to make its determination. You need a lawyer working on your side to ensure that you get your fair share of the marital property.
Contact A Millburn Division Of Property Lawyer Today
If you are looking for a division of property attorneys in Millburn, call us at (973) 226-4141 or click here to schedule an appointment with one of our attorneys.
