Going through a divorce often brings intense emotional strain. But it also brings serious financial pressure. Over the course of the marriage both assets and debt are accumulated and the division of these possessions, known as equitable distribution, can be burdensome and lengthy. It’s an intimidating process for most because there are so many factors to consider. Even more, it’s crucial that assets and debt be distributed fairly; otherwise, it can leave you in financial crisis.
Constructing a property settlement that distributes assets and debts is one of the most important parts of your divorce, so you want to make sure it’s done right. Having experienced and educated legal eyes assess your situation can guarantee that you miss any claims to what is rightfully yours. Our Family Law Team is waiting to help you do exactly that.
Take control of your life and your future.
CALL now to speak with our Equitable Distribution lawyers.
Equitable Distribution
As far as finances are concerned, equitable distribution is the most important part of any divorce. Every marriage accumulates property, often broken up into the categories of assets and debt. Sometimes, couples are able to distribute property in some sort of verbal agreement or self-constructed written settlement. This approach, however, often draws many grey lines, leaving gaps and allowing room for exploitation. All this can be avoided in a property settlement.
A property settlement is the legal term for the process known as equitable distribution. Property settlements are legally stamped and officially constructed documents that detail the distribution of all property between two parties. Pure and simple, these documents clear away any ambiguity as to what you own.
The reason many people opt to conduct the mediation process and construct a property settlement is because there are so many factors to consider when appropriating goods. Your house, your car, your credit cards and bills all have to be divided fairly. But that’s only the tip of the iceberg. You will also have to consider investments (stocks, bonds, etc.), retirement funds and accounts, and most state or privately issued benefits.
Those are just some of the first and most important elements examined when contracting a settlement. But there are still dozens of other factors of equitable distribution most people fail to take into account. Age, physical, emotional and mental health, the economic situation at the time of the divorce–each of these points must be examined in each party’s case. The earning ability, based on education and training, must also be considered. The list goes on.
The reality is that when divorcees develop settlements on their own they fail to take into account many of these factors. And even if the court issues a sealed settlement, the state has no invested interest in making sure that each party is satisfied with the settlement.
This is where an attorney enters.
An attorney can help you easily navigate the legal framework by conducting the mediating process and making sure that your present and future needs are protected by a property settlement. In choosing the right lawyer, it’s important to find one who handles your situation with compassion, but disconnected emotionally. Divorce and property settlements are some of the most emotionally charged aspects of family law, which is why it’s key to have someone carefully and thoughtfully fighting for your interests.
How We Handle Equitable Distribution
Most firms will assign one attorney, or even an assistant, to handle all aspects of an equitable distribution case. Here is the Minick Law difference: we look at each case as a Team. Our attorneys, paralegals, and assistants work together behind the scenes to make sure that all legal paths in your situation are explored.
Focused on making your divorce go smoothly and favorably, our Property Settlement Team will conduct a thorough investigation of your married years, searching for any and all elements helpful to your case, which can include:
- Determining all avenues of income
- Valuing all apparent property assets (house, car, credit cards, etc.)
- Valuing all other assets (including stocks, bonds, retirement funds, etc.)
- Examining any age, physical, emotional, educational, or mental factors involved
- Evaluating the level of independence/dependence at the time of divorce
After this thorough investigation, our team of attorneys will move forward in executing the equitable distribution process. First, our attorney, not an assistant, will carry out the mediation process, meeting with you and the other party (and their attorney). Next, our attorney will work tirelessly to negotiate the settlement you deserve.
Because the individual is our focus at Minick Law, P.C., we will not disappear after the first few steps like many attorneys. Our team will keep you updated on all the developments of your case. Once we’ve completed all the steps in our action plan, our Equitable Distribution lawyers will work with you to decide what’s best for you and your future. Our aim is to help you regain control and stability in your life quickly, compassionately, and professionally.
Client Relationship
At Minick Law, P.C., an Equitable Distribution lawyer will personally meet with you from the beginning of the attorney-client relationship. At Minick Law, P.C., a lawyer will be in contact with you throughout your case; you will know that your case is being handled by an attorney, not an assistant.
Contact Your Equitable Distribution / Property Settlement Team
Call Minick Law, P.C., to set up a personalized consultation with one of our Equitable Distribution lawyers. After speaking with one of our lawyers, you will know the legal standing of your situation and what is best for your child and you.
Call us now at 828-333-5024.
