When it comes time to divvy up the property in a divorce, it isn’t always an easy thing to accomplish. However, it’s best to make the effort to do it without the court stepping in later.
Divorces are not much of a picnic and in fact have been likened to root canals by most people who go through them. No matter how strong and tough a person is, a divorce hits people hard – mentally, emotionally and in some instances, physically. Many people aren’t aware that before they get to the actual legal, final divorce, they are many things that need to be done.
Usually the major thing that has to be taken care of is the division of property. When it comes to who gets what, emotions usually tend to run quite high and financial factors may figure into the acrimonious division process. A divorce lawyer will advise that a list of all property jointly and separately owned needs to be drafted.
Even if one party paid for a certain item, that item must be listed if it was acquired after the date of the marriage. Most of the items on a list such as this are considered large ticket items that both people own – separately or by virtue of being married. Things may be left off the main list, but only if both parties to that decision agree.
Listing the property is just the start of the process. The next step is valuating what each item is worth. Don’t skip this part of the proceedings, as it will come up in court when the judge wants to ask questions. The value of the property is a major factor in how things are split by the court. If this is part of the divorce process that parties would rather avoid for fear of not ultimately getting what they really want in the property split, then agree to split things before going to a hearing. This may not be possible if neither party is on speaking terms with the other one, but it may save a lot of angst, anger and frustration later on if a mutual agreement is reached first.
If faced with making decisions in a messy property split, hire a skilled divorce attorney who will advise on the best way to handle situations such as these and make sure the proceedings go as smoothly as possible.
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