For your Divorce, it is important that you meet with an attorney to discuss the extent of your marital estate. This will help determine the best method for gathering documentation and data that will be helpful for negotiations, mediation, settlement, or if absolutely necessary, trial.
The following factors are considered in a property division – but not all factors apply to every case:
Duration of the marriage
Parties’ contributions to the marital estate
Parties’ life status
Parties’ necessities and circumstances
Parties’ earning abilities
Parties’ past relations and conduct
General principles of equity
If you or your spouse have any business interests, it will often require collaboration with accountants, more detailed discovery, and/or a business valuation if so desired by the parties.
A property division in a Divorce may also include division of retirement assets (401K, pension, 403B, IRA’s, etc.), which often requires a special Order titled “Qualified Domestic Relations Order” or “QDRO” for short. Retirement issues can be complex, so you should consult with an attorney.
We welcome you to contact our office to schedule your confidential consultation.