A key aspect of matrimonial law practice is the proper division of property. The family law attorneys of Howett, Kissinger & Holst have substantial experience in both the valuation and equitable distribution of marital property. Distribution of marital debts and assets can be handled in two methods: by judicial decree or by settlement agreement. If a couple has a pre-nuptial or mid-nuptial agreement, this can facilitate the process of distribution should a divorce occur.
What is Equitable Distribution?
Equitable distribution simply means the division of marital property. The word equitable can be misunderstood in this context. Equitable does not mean an equal split, and frequently one party is left feeling that the division was far from equitable. This is why it is extremely important to have a competent family law attorney to represent you.
Equitable distribution includes dividing both the marital property and the marital debts. In determining what each spouse will receive, the court tries to come to a fair agreement; so it is frequently advantageous if the divorcing parties can come to an agreement ahead of time. The attorneys at Howett, Kissinger & Holst have negotiated and drafted hundreds of marital settlement agreements in order to help our clients protect their assets during the divorce process.
In order for your family law attorney to assist you in identifying a fair agreement or fighting for your rights in court, it is crucial that your lawyer have a complete knowledge of all assets and debts. This requires your attorney to have the capability to properly value various types of assets no matter where those assets might be located. The attorneys at Howett, Kissinger & Holst have many years of experience in working with their clients to establish the value of myriad types of personal, real, and business property.
Once the value of the marital property is established, your attorney will work with you and opposing counsel to plan the distribution of your property. It is your attorney’s job to make certain that your rights are protected during this process, regardless of whether you and your spouse are able to reach an agreement or it is necessary for the parties to enter litigation.
The attorneys at Howett, Kissinger & Holst can help you protect your assets prior, during, or at the conclusion of a marriage. Please contact us for assistance.