Division of Property

May 16, 2023

Divorce can be a challenging process, and one of the most significant aspects to consider is the division of property. When a couple decides to end their marriage, it becomes essential to understand how their assets and liabilities will be divided.

This article will help you navigate property division in divorce proceedings.


Equitable Distribution

In New Jersey, equitable distribution is the approach to property division. Equitable distribution achieves a fair division of assets and debts based on various factors.


Consult with attorney

Marital vs. Separate Property

To determine what is subject to division, it is crucial to understand the distinction between marital and separate property.  Marital property is property acquired legally and beneficially by either or both spouse during the marriage. Separate property is property one spouse acquired before or during the marriage as a gift or inheritance.


Factors Considered in Property Division

Courts consider several factors when dividing marital property. Some of the common factors include the duration of the marriage, each spouse’s contributions, financial circumstances, and future needs.


Types of Assets Subject to Division

Equitable distribution encompasses various types of assets, including real estate, bank accounts, investments, retirement accounts, business interests, and personal belongings.

Valuation of Assets

Determining the value of assets is a critical step. There are different methods used to value assets and you may face common challenges that may arise during the valuation process.


Division of Debts and Liabilities

Property division doesn’t solely involve assets; it also entails the allocation of debts and liabilities accumulated during the marriage.


Negotiating Property Settlements

Negotiating

Many couples prefer to negotiate a property settlement agreement outside of court. Rigden Lieberman, LLC will offer guidance on negotiating a fair settlement and emphasizes the importance of seeking legal advice during the process.

Consulting with a qualified attorney at Rigden Lieberman, LLC who specializes in family law is crucial to protect your rights and interests, particularly when pursuing a fast divorce online.


Role of Mediation and Collaborative Divorce

Mediation and collaborative divorce provide alternative methods for resolving property division disputes.

Special Considerations and Complex Cases

Certain situations may present unique challenges in property division, such as high net-worth divorces, prenuptial agreements, and the division of complex assets.


Schedule a Consultation at Rigden Lieberman, LLC

Navigating property division in divorce requires a solid understanding of legal principles, individual circumstances, and the available options for resolving disputes. By grasping the fundamental concepts and considering the various factors involved, individuals can make informed decisions and work towards a fair and equitable distribution of assets and debts.

Remember, consulting with a qualified attorney specializing in family law is crucial to protect your rights and interests throughout the process. Contact Rigden Lieberman, LLC today to schedule a consultation.

By Ronald G. Lieberman

Ronald G. Lieberman is a seasoned attorney with nearly 25 years of experience in all aspects of family/matrimonial law including divorce, child custody, child support, alimony, domestic violence, equitable distribution, college expenses, marital settlement agreements, high-end family and matrimonial litigation, and appellate matters before the Appellate Division.

Let's start work together

714 E. Main Street, 1B
Moorestown, NJ 08057

(856) 291-9777

Request A Consultation

 

Ryan D.
True 5 star Lawyer
Alexandra is by far the best lawyer I retained. She did not waste anytime with me or try and drag out the situation for more money. Straight and to the point. Alexandra knows the facts that count for your case and is prepared and ready to fight every inch for you. She also is passionate and listens to you in completely so she can better understand what you are going through. I absolutely recommend Alexandra Kardon Rigden for family law or a DV case.
May 5, 2022

Ryan D.
True 5 star Lawyer
Alexandra is by far the best lawyer I retained. She did not waste anytime with me or try and drag out the situation for more money. Straight and to the point. Alexandra knows the facts that count for your case and is prepared and ready to fight every inch for you. She also is passionate and listens to you in completely so she can better understand what you are going through. I absolutely recommend Alexandra Kardon Rigden for family law or a DV case.
May 5, 2022

Ryan D.
Ryan D.
Gillian
Divorce & Restraining Order
Lexie has been my attorney since 2018. I retained her when I filed for divorce and again when I needed to obtain a restraining order. She is the best of the best. She is professional, honest, and thorough. I would highly recommend her.
February 15, 2022

Gillian
Divorce & Restraining Order
Lexie has been my attorney since 2018. I retained her when I filed for divorce and again when I needed to obtain a restraining order. She is the best of the best. She is professional, honest, and thorough. I would highly recommend her.
February 15, 2022

Gillian
Gillian
Anonymous "J"
Do yourself a favor and hire Alexandra
Alexandra came as a recommendation from an attorney friend and she was spot on. Alexandra kept me informed through every step of the process during such a difficult time in my life. She explained things in detail and always had my best interest in mind, even when I may not have realized it. As my title says, do yourself a favor and hire Alexandra.
September 7, 2022

Anonymous "J"
Do yourself a favor and hire Alexandra
Alexandra came as a recommendation from an attorney friend and she was spot on. Alexandra kept me informed through every step of the process during such a difficult time in my life. She explained things in detail and always had my best interest in mind, even when I may not have realized it. As my title says, do yourself a favor and hire Alexandra.
September 7, 2022

Anonymous "J"
Anonymous "J"

 (856) 291-9777

714 E. Main Street, 1B
Moorestown, NJ 08057