Your Family Matters

Three ways to prepare for your divorce’s property division

On Behalf of | Feb 20, 2023 | family law

Figuring out how you’re going to successfully divorce your spouse can be overwhelming. While the emotional challenges can be more than you can bear, the financial implications of marriage dissolution can be significant. That’s why you need to know how to position yourself for success regardless of whether you hope to resolve your divorce through negotiations or litigation.

And there are several issues that you’ll have to address, too. Property division will be key, but you’ll also have to try to find a favorable outcome in spousal support and child support matters if you want to secure as much post-divorce financial stability as possible. This week on the blog, we want to give some extra attention to what you can do to increase your chances of securing a favorable outcome to your property division.

Creating a property-division strategy aimed at success

There are a lot of ways to approach your property division. Since our state recognizes equitable division, your marital assets will be divided in a fair fashion. Just remember, this doesn’t mean that your marital estate will be divided equally.

With that in mind, let’s look at some ways that you can prepare yourself to address property division in your divorce.

  1. Identify all marital assets: This sounds simple enough, but you’d be surprised by the complications that can arise here. In some instances, spouses hide marital assets so that they can keep those assets to themselves without having to subject them to the divorce proceedings. In other situations, it’s unclear whether individually held assets, such as a business that was owned prior to marriage or an inheritance, has become part of the marital estate.

These complexities can create a lot of conflict during the property division process, which is why you need to have a keen understanding of your marital estate before entering settlement negotiations. Be diligent by securing all financial records and making a list of all the assets that exist between your spouse and you. This will give you a good head start.

  1. Think about your short-term and long-term interests: It’s easy to enter the property division process and act on emotions, seeking out whichever assets will be most painful for your spouse to lose. But that’s the wrong approach. Instead, you need to focus on yourself and your short- and long-term interest. By identifying those interests early on, you can better develop a negotiation and litigation strategy that’s right for you.
  2. Strike the right tone: The property division process is going to be difficult regardless of the circumstances but coming across as confrontational can make it even more challenging to secure the outcome that you want. Therefore, as you head into your divorce, you should do your best to find the right tone and approach. Remaining professional and respectful is a strong tactic that can reduce conflict while ensuring that you’re advocating for what you want and need.

Finding the legal strategy that’s right for you

There are a lot of different ways to approach your divorce. You have to find the one that’s right for you. While this means understanding your options, it also means considering having a legal advocate on your side. After all, one of these legal professionals can help you communicate throughout the process and properly argue for what you deserve. That can be difficult to do on your own.

So, if you’re ready to develop your legal approach so that you can get through your divorce as strongly as possible, please consider discussing your set of circumstances with an attorney who has proven themselves successful in this area of the law.