Property Division in Reading & Pottstown
Does equitable distribution mean property is distributed equally?
As our state is an equitable distribution state, the judge presiding over your divorce proceedings will do everything possible to see that marital property and assets are divided as equally and fairly as possible. Equitable is not the same as equal. There are many factors judges must take into consideration when determining the division of marital property. If you are concerned about receiving your fair share of the marital assets, we advise that you hire a Reading & Pottstown divorce attorney from Dolan Ray Law, LLC at once.
Our law firm is accredited by the Better Business Bureau (BBB) and we have worked hard over the past decade to build a reputation for being aggressive litigators and unwavering negotiators. We are committed to doing what is in our clients' best interests. When you retain our services, you can trust that we will work with you closely to determine all of the marital property and assets which may be subject to equitable distribution, then diligently pursue the most optimal division of property.
What factors are considered when determining equitable distribution?
Married couples who have a prenuptial agreement in place will be able to avoid having the court determine how their marital property and assets will be equitably distributed. Those couples who are able to come up with an amiable settlement agreement on their own accord, or with the help of a skilled property division attorney, may also be able to avoid costly court proceedings or the potential loss of valuable assets. In cases where the two parties are unable to agree on the equitable distribution of property, and thus unable to file for a collaborative divorce or an uncontested divorce, the court will be forced to intervene.
Some of the factors that will be considered by the court include:
- The length of the couple's marriage
- Whether either party had a previous marriage
- The age and health of both parties
- Each spouse's income and earning potential
- The amount of non-marital assets or property each spouse will retain
- Who will retain custody of any children from the marriage
- The standard of living the couple became accustomed to
The parent who is awarded child support and custody is also more likely to be awarded possession of the couple's marital home. Marital misconduct will not affect equitable distribution.
Speak with a Reading & Pottstown Divorce Lawyer
If you are considering filing for divorce, you should waste no time in contacting our firm to speak with a divorce lawyer in Reading or Pottstown. You need to understand your rights and know what to expect. We will assess your case, uncover any assets or property your spouse may have attempted to dispose of or hide, discuss which marital assets you might want to retain possession of and why, then take decisive action to help you achieve the outcome you seek.
Contact Dolan Ray Law, LLC to find out what our firm can do for you.
