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If you’re getting divorced, you’ll need to hire an attorney who has experience in family law to help you through the process. That doesn’t mean that, once the paperwork is signed, everything will be done and dusted. There’s a lot of gray area in family law that requires the assistance of an expert. If you are considering yourself a victim of domestic violence (DV), your divorce will likely be more complicated than if no abuse has occurred. If you entered into a verbal contract that the other party broke, then you’re probably out of luck. You’ll also want to know what your rights and responsibilities are under the law should you need to protect yourself in the future. These aren’t always clear-cut, so you’ll need an expert to advise on how best to proceed. Here are the five common questions about property division during a divorce.
1. What Does Equitable Distribution Mean in a Divorce Case?
Many people aren’t even sure what fair means, let alone how it applies to divorce. The definition of the word is “being fair or reasonable; just or impartial.” It’s easy to see how those factors might come into play when dividing up each party’s assets during a divorce. In North Carolina, equitable does not mean equal. It means that each party will get whatever is fair for their situation. A judge will consider many things when determining what is fair in your case. Some of the factors include:
Each party’s age and health at the time of the dissolution. Divide assets based on each party’s ability to manage them, not necessarily by how much they have. Equitable distribution will be based on what is reasonable in light of a spouse’s contributions to marital assets used during the marriage. A judge may also consider a person’s earning capacity and other factors to determine what is equitable.
2. What Is Marital Property and How Much Is It Worth?
Your marital property is anything you and your spouse acquired during your marriage. This includes the value of anything you received during the marriage, such as money, property, or inheritance, even if it was a gift from someone other than your spouse. It also includes any work you did to maintain the property or increase its value. For instance, if you paid rent while living in a home paid for by your spouse, that is considered marital property. Anything purchased with marital money is deemed to be marital property as well. It’s not unusual for a court to define marital property as everything that is not separately owned by one spouse.
3. Can a Prenuptial Agreement Protect My Assets?
Many believe that prenuptial agreements are unenforceable in court. That’s why it’s essential to have a skilled family law lawyer who can protect your rights during divorce. A prenuptial agreement is a contract signed before you get married that lays out you and your spouse’s rights for a property that you acquire during the marriage, such as shares of an S-corporation or other assets. In some cases, a prenuptial agreement can be used to protect marital property or assets acquired before the marriage. Before agreeing, you should consult with an understanding property division from an attorney. It would help if you also had a prenup drafted by an experienced family law attorney licensed in your state.
4. Who Gets to Stay in Our House?
In some cases, each party will get to keep their old home. In other cases, the judge may decide that one party should live in a house purchased during the marriage. If you lived in a home where work was done, or you paid for renovations to increase the property’s value, you’ll likely be able to keep it. If your spouse did all of those things, they should be able to keep them. However, if the home was purchased from a different source, such as your parents or a relative, you’ll need to work out a deal with your spouse before your divorce hearing. You may also be able to use a prenuptial agreement as leverage to have something that was purchased during the marriage protected.
5. My Spouse’s Behavior Caused Our Divorce — Does That Impact Their Property Share?
Many states have a couple of laws that target conduct that increases the risk of domestic violence. Whether or not it is considered an aggravating factor in a divorce comes down to the specific state you live in. Some states, including North Carolina, regard an individual’s history of DV as evidence of a pattern, making it more likely that this pattern will continue or recur due to the person’s behavior. This can be used as additional evidence of how the couple’s assets should be divided. Abusers who threaten their spouse or children to gain financial control of them can also have their behavior considered. It is also possible for a woman who was abused by her husband to file for divorce based on his emotional abuse and the resulting injury. This could impact the property division by giving her an increased share in some cases.
Conclusion:
Property division is not always an easy process, especially if you or your spouse are willing to fight for it. It’s essential to understand your rights concerning the property and how those rights may be impacted by the specific situation you find yourself in. You should make sure that you consult with a knowledgeable family law attorney who can explain the legalities of your case and provide guidance regarding what is best for you in light of your situation. Property division during divorce is a complicated matter involving many factors. If you find yourself in this position and would like to learn more about your rights and the possible outcomes in your case, a divorce lawyer can help you determine the best course of action.
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