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Divorce lawyer – How To Divide A Property Without Going To Court?

by Ethan More
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Every family member may suffer severe emotional wounds as a result of divorce. Plans that were meticulously made and dreams are crushed. You have been severely wounded by the one you once loved the most. Children are frequently perplexed and concerned. Parents find it difficult to make choices that satisfy their wants while safeguarding the interests of their kids. A crisis typically arises during a divorce.

The best approach to deal with marriage disputes, child custody, alimony, and mutual or disputed divorce proceedings is to hire an experienced divorce lawyer. To file or defend your claim for divorce, whether mutual or contested, and the resulting alimony (if any), charges of domestic violence, and other grounds for divorce, you will need to consult the right family lawyer for legal counsel and court representation. Because of this, the method you choose to dissolve your marriage should be carefully considered and specifically catered to your entire family’s emotional and financial needs.

To create the best course of action for you and your family, carefully comprehend your circumstances. The competent and committed divorce lawyer will thoroughly review your case and fight for the issues that are most important to you. It will take time to get to know you and your specific needs during your initial consultation.

Some couples can make the best decisions for their families collaboratively, despite their differences. While other couples simply cannot work together. Divorce mediation is not for everyone, and that is okay. However, the benefits can be astounding for couples suitable for Mediation.

In a litigated divorce, your family’s major decisions are made by a judge who has only met your family a handful of times. While the judge certainly knows the law, he or she does not know the intimate details of what makes your family tick as you do. Mediation allows you and your spouse to maintain the power to make decisions that will impact your future. Our firm is focused on providing fair, affordable solutions for clients going through difficult family conflicts.

An impartial third party, known as the mediator, helps with the couple during the mediation process to promote effective communication, establish imaginative settlement ideas, and provide guidance, so they can settle the issues of child custody, property division, child support, and maintenance. Before deciding, couples should expect to meet with their mediator multiple times. Instead of a courtroom, the mediation sessions take place in a casual, private, and pleasant setting. All decisions in the voluntary, cost-effective mediation procedure are reached with mutual consent.

Conflict-free Divorce

When the following conditions are met: You and your spouse do not disagree on any financial or divorce-related matters (child custody and support, the division of marital property, or spousal support). Either your partner accepts the divorce or refuses to participate in the divorce proceedings, which is a default. 

If you begin the divorce process believing it will be uncontested, you may subsequently learn that your spouse has chosen to dispute (or “fight”) the case. You shouldn’t be concerned because our attorneys can assist you with contested and uncontested divorces. We will review and assess your circumstances at your initial session, then devise the plan that will work best for you.

Divorce with a conflict 

When there is a disagreement between the couple in divorce matters like custody, distribution of property, and other related matters, then the divorce under family law is termed as divorce with a conflict. In such a situation, one needs the assistance of a divorce lawyer. A divorce attorney handles the divorce’s relevant custody and financial issues while also defending the client’s rights. A divorce attorney will also crucially explain the law and your legal choices.

The divorce lawyer should examine your position and any relevant records. Paycheck stubs, tax records, and data on property values are a few examples. Additionally, they must pay attention to the client’s description of their circumstances and goals to provide advice tailored to their unique requirements.

How to Divide a Property Without Going to Court

Although estimates of divorce rates in America vary, the truth is that many marriages do end in divorce, and the aftermath is typically messy emotionally and financially. Any property a couple acquires after becoming married becomes joint property. When a couple marries, their assets typically form a marital estate. The former spouses split these assets including  real estate, dependent children, income, cars, furnishings, investments, and retirement accounts upon divorce.

There are two possible ways for your assets to be shared if you and your spouse cannot agree on how to distribute all or a portion of them after your divorce, depending on where you live.

Which states are considered common property states in a divorce?

Community property states split joint property equally including debts accumulated by either spouse during the marriage. Anything held in only one spouse’s name is considered separate property including assets acquired before marriage, gifts, and inherited property. Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin are states that adhere to this law. Alaskan citizens have the option to sign a community property agreement. When a couple acquires assets while still residing in a non-community property state, but then moves to and files for divorce in a community property state, the court may label those assets as “quasi-community property.”

Every non-community property state distributes wealth “equitably.”

Equitable distribution will be used to divide your assets if you and your spouse cannot agree on how to divide your marital assets and reside in a state without community property law. This means that everything is divided “fairly” at the judge’s discretion, considering each person’s earning potential or income, financial needs, and personal possession except gifts or inheritances.

Although it’s possible that a court in one of the 41 states with equitable distribution laws will ultimately decide to divide the assets equally, this is not a given. And yet, before a judge needs to weigh in, couples are typically urged to come to a settlement agreement in addition to division.


From the above discussion, it is rarely possible to divide the property after the couple’s divorce through mediation. Once more, the response differs from state to state. Some jurisdictions like California have a reasonably straightforward strategy: they think that property should be split equally. In these states, unless a premarital agreement specifies otherwise, the net value of all marital assets and liabilities will be split equally.

However, the equitable distribution principle is used by the majority of states. Equal distribution is not the same thing as equitable distribution. In other words, the court will split the marital estate in a way it deems just. Property may be divided equally, 60/40, 70/30, or in any other way the court deems just. Though such circumstances are extremely rare, on some occasions, one spouse may even be given the entirety of the property, leaving the other spouse with nothing.

What’s the best way to choose the proper lawyer if you feel it makes sense to hire one? Of course, each spouse will have their problems and requirements, requiring a different counsel. The different divorce lawyers’ specialties and rates can be very different. But it’s crucial to comprehend the fundamentals of what divorce attorneys do, where to find them, and how much they could charge. Even if a couple can resolve their divorce out of court, having sound legal counsel can be helpful. 

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