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Property Division

Property division comes up in nearly every divorce case. The parties are each entitled to an "equitable" share of the property that they've accumulated during the marriage.

What is equitable, however, often isn't very clear. People have strong ideas about what they should take away from the marital estate that often conflict with the ideas of their spouse and, very often, both parties will have ideas that conflict with those of the court. It is well-established that equitable does not necessarily mean "half" although that is always a good starting point.. 

In many cases a balance sheet is produced on which the property that each party proposes to keep is entered along with a value. Often there is little dispute about the value of some of the property, e.g. we all know how much the contents of a bank account are worth. However, in other instances, that value can be very heavily disputed, for example, the value of a piece of real estate or most especially a business owned by the parties. Many times appraisers will be hired to give opinions and sometimes testimony about the value of some or all of the property in a marital estate.

Because these matters can be very subjective it is important to have a good lawyer on your side who is able to establish a true narrative of the marriage for the court. A failure to put forth not only a true, but a convincing narrative will damage a party recovering from the divorce. It is important to get your fair share of the assets, but it's not necessarily easy to do so.

If you have a marital estate in need of division, call for a free consultation.

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