How Do You Determine Who Gets What in Your Divorce?
There are many things you need to consider when getting a divorce.
There are various stages you need to go through if you are to have everything done in such a way that you do not have issues later on.
One of the things you need to figure out is how to divide the property in such a way that everyone gets what they are entitled to and everything is done in a fair and equitable manner.
Some couples are able to make this determination between themselves in such a way that nobody feels cheated and there are no hard feelings.
If the two people involved can work it out this way then of course that is the preferred manner of doing things.
There are however, some couples who for whatever reason or reasons are not able to work this out in a fair manner or without one or the other feeling cheated.
In these particular instances quite often times the judge has to intervene.
Now the big question is what constitutes marital property.
Marital property is any property that has value now or in the future that was bought or acquired during the marriage.
This includes tangible property such as cars, jewelry and real estate.
There are also other properties such as pensions, retirement accounts and even bank accounts.
If any of this was bought, earned, or acquired during the marriage then this is deemed marital property and therefore is divisible.
What makes this even more complicated? Different states have different laws so what applies in say Pennsylvania will be different than what applies in Iowa.
Now this does not necessarily mean that you have to run out and get an attorney.
For some people this is the best option.
However, this can be settled using simple common sense each person gets what they deserve.
If you are trying to fight to get everything, there's a possibility that you may not end up getting what you're entitled to.
For those who do use an attorney, you would be well advised to make a list of the things that you want and then take it to your attorney.
This will help ensure that you get what is rightfully and fairly yours One important note here it is very important that you list not only the items you want, however, you should also list the items you brought into the marriage.
When it comes to the children, they of course should always get what is theirs there should never be any question regarding this one hard and fast rule.
Nothing can be accomplished by making this harder on your children by denying them their personal belongings this will only serve to make things more difficult for all concerned.
It is in everyone's best interest if both of you can make things as easy as possible on each other.
This is even more important when there are children involved.
The key is to remember that everyone's goal should quite simply be to ensure that all parties are treated in a fair manner.
These are only a few of the simple guidelines one should follow regarding division of the marital assets during a divorce.
This is in no way to be construed as legal advice.
As with any other legal proceeding consult with an attorney to protect yourself.
There are various stages you need to go through if you are to have everything done in such a way that you do not have issues later on.
One of the things you need to figure out is how to divide the property in such a way that everyone gets what they are entitled to and everything is done in a fair and equitable manner.
Some couples are able to make this determination between themselves in such a way that nobody feels cheated and there are no hard feelings.
If the two people involved can work it out this way then of course that is the preferred manner of doing things.
There are however, some couples who for whatever reason or reasons are not able to work this out in a fair manner or without one or the other feeling cheated.
In these particular instances quite often times the judge has to intervene.
Now the big question is what constitutes marital property.
Marital property is any property that has value now or in the future that was bought or acquired during the marriage.
This includes tangible property such as cars, jewelry and real estate.
There are also other properties such as pensions, retirement accounts and even bank accounts.
If any of this was bought, earned, or acquired during the marriage then this is deemed marital property and therefore is divisible.
What makes this even more complicated? Different states have different laws so what applies in say Pennsylvania will be different than what applies in Iowa.
Now this does not necessarily mean that you have to run out and get an attorney.
For some people this is the best option.
However, this can be settled using simple common sense each person gets what they deserve.
If you are trying to fight to get everything, there's a possibility that you may not end up getting what you're entitled to.
For those who do use an attorney, you would be well advised to make a list of the things that you want and then take it to your attorney.
This will help ensure that you get what is rightfully and fairly yours One important note here it is very important that you list not only the items you want, however, you should also list the items you brought into the marriage.
When it comes to the children, they of course should always get what is theirs there should never be any question regarding this one hard and fast rule.
Nothing can be accomplished by making this harder on your children by denying them their personal belongings this will only serve to make things more difficult for all concerned.
It is in everyone's best interest if both of you can make things as easy as possible on each other.
This is even more important when there are children involved.
The key is to remember that everyone's goal should quite simply be to ensure that all parties are treated in a fair manner.
These are only a few of the simple guidelines one should follow regarding division of the marital assets during a divorce.
This is in no way to be construed as legal advice.
As with any other legal proceeding consult with an attorney to protect yourself.
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