Fayetteville Property Division Lawyer

Dividing Your Marital Estate During Divorce

At the time a divorce decree is entered, marital property is typically distributed one-half to each party unless the court finds that such a division would be inequitable. The factors that the court can look at to determine whether a division would be inequitable would be issues such as the length of the marriage; the age, health and station in life of the parties; the parties' occupation; the amount and sources of income; vocational skills and employability; estate, liabilities, and the need of each party and the opportunity of each party for further acquisition of capital assets and income; contribution of each party in the acquisition, preservation, or appreciation of marital property, including services as a homemaker; and also federal income tax consequences of the court's division. Marital property is normally property that is accumulated during the time of marriage regardless of how that property is "titled." In other words, it may be solely in the name of one party, but if accumulated during the time of marriage it may still be "marital property" and subject to division.

Marital property (the assets subject to division) is generally deemed to be property accumulated during marriage so long as it was not received by gift or by reason of the death of another, such as inheritance. There are many issues that go along with these determinations in court, and our office has dealt with these multiple times and will give you advice and direction in determining these issues.

It is important to note that fault for the dissolution of the marriage is generally not factored into the final property award.

Protecting Your Property Rights

Dividing your marital assets is one of the most important aspects of your divorce. Because the property award is final, it is vital to work with a law firm that will aggressively protect your rights and advise on best ways to obtain your goals.

Gramling Estes Law Firm, is that law firm. Our attorneys have a dedicated focus on family law matters and understand what is needed to safeguard our clients' best interests. We will help you see the big picture when it comes to property division. This includes advising on real property, 401(k)s, retirement accounts and QDROs, household items, military pensions, and tax-related issues. Our lawyers focus on realistic results and have a wide range of creative solutions to help our clients achieve their property division goals.

Take The First Step. Contact Our Law Firm.

Do you have questions about your property division rights during divorce? Contact our law firm for a free consultation. Our Fayetteville property division attorneys can answer your questions and provide options for moving forward.

Free Consultations