Helping You Keep What’s Rightfully Yours and Receive That Which You Are Rightfully Entitled To
Dividing up assets during a divorce can be a very difficult step in the process. It is inevitable that both parties are going to have to give up certain things that are very meaningful to them. If you’re worried about how the courts are going to divide everything up, you may actually be worrying without reason. Many couples are able to go through the property division process without ever having to go to court at all. It is possible to use alternative dispute resolution strategies to help ensure you and your ex have greater control over the final outcome of this process.
A growing number of people going through a divorce are realizing that the courts really have no way to properly assess the true importance of each asset to the individual spouses, or to effectively understand the unique nuances involved in their relationship. While the courts do attempt to divide things up fairly, they rarely account for emotional value and personal taste. This is why using mediation or another negotiation technique can be such as good idea.
Attorney Madan Ahluwalia always recommends using this type of option because it gives you a lot more flexibility, and almost always results in an agreement that both parties are fairly happy with. Even if you have trouble being in the same room as your soon-to-be ex, professional mediators are able to overcome those obstacles and help everyone come to the table and work out a good solution.
Community vs. Separate Property
Keep in mind that, when property division is left to the courts, they will only divide the community property, which is the property acquired during your marriage. “Separate” property, such as assets acquired prior to your marriage, will normally be kept by the spouse who rightfully owns it. However, characterizing property as either “community” or “separate” can be incredibly complex, and it is vital that you speak with an attorney like Madan Ahluwalia to ensure your property is fairly and appropriately treated.
Whether you are in the middle of a divorce and unhappy with your attorney, or you are just starting to think about a divorce and want to know your options, please contact us. We can go through your case and talk with you about the details surrounding your property and help determine what the best way to proceed will be based on your unique goals.