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July 2016 Archives

What factors will a judge consider in property division?

Dividing assets and property fairly through divorce proceedings is simplest when the spouses who are separating can decide between themselves how the division will be accomplished. However, often, in the course of a divorce, it becomes necessary for a court to dictate and enforce how property and assets are divided. If this becomes a necessary component of your divorce, it will be helpful to know the factors a judge will consider as he or she reviews your case.

Think twice before attempting to hide assets in divorce

Divorce proceedings have the capability to bring out sides of yourself that you were previously unaware existed. Many individuals are tempted to try to hide certain assets from their spouses when it comes to negotiating asset division. This can be an especially tempting proposition to those who are the primary breadwinners in a relationship, who may feel that they are entitled to keep more of their earnings. While the feeling is understandable, the law does not tend to see it that way.

Dividing sentimental assets in divorce

The fair division of assets can be one of the most frustrating sticking points any couple faces when separating. While the large, valuable items may seem like the most difficult to divide, sometimes this is not the case. A court will usually distribute valuable items as it sees fit if a couple cannot agree on how to do so, but items that have more sentimental value than market value can become vicious points of contention in a separation, dragging out an already emotionally and financially draining process.

Sole legal custody versus sole physical custody.

Determining which particular kind of custody is ideal to pursue in a divorce or legal separation involving children can be a complex decision in an already difficult situation. Understanding the legal differences between obtaining legal and physical custody can help you pursue the best option for you and your children.