Thursday, November 12, 2015

Equitable Distribution is One Of The Most Important Parts Of A Divorce

A good family attorney is needed for most divorces. Understanding what can happen during the proceedings will alleviate much of the fear and anxiety. One of the most important aspects of a divorce is the concept known as “equitable distribution.” Decisions about the assets and debts during separation and divorce need to be made. Although equitable means fair, equitable distribution does not always result in equal shares. This can create serious disagreements between couples during a divorce.
There are a number of factors that will determine what percentage is fair in the court’s eyes. In addition, not all property in a marriage is considered marital property. For example, a home owned by one spouse prior to the marriage.

 In addition, investments accumulated in a 401K or any other type of retirement fund before the marriage could be excluded from the calculation of the equitable distribution. During a separation, if one individual is paying the mortgage and all of the bills, this would probably be part of the calculations in the equitable distribution settlement. If one spouse removes all of the money from the joint account to use for their personal use, that money could be taken into account when determining the final distribution.

 One spouse may voice various claims about money the other spouse is responsible for paying. It is best to ignore these claims of the other spouse and speak directly with an attorney. This reduces some of the stress associated with a divorce.

Another area that can be highly contested is child custody.  A Raleigh child custody lawyer can help to craft a fair arrangement for child custody and the visitation schedule. Whenever a divorce occurs the children should still be able spend ample time with both parents.

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