Splitting Property in a Divorce

Most divorces involve the separation of community property, or marital property that was obtained during the marriage and owned by both spouses. The more community property shared in a marriage, the greater the chances that the issue of dividing property can become a contentious part of your divorce.

Two inquiries will be conducted to determine how the parties will split the community property.

  • First, what is “marital” and what is “separate”? Marital property generally refers to property received during the marriage, while separate property is property received before the marriage, as well as inheritances and gifts.
  • Is the division equitable? Many factors go into this inquiry, such as the length of the marriage, separately owned assets, each spouse’s future financial need and earning potential, one spouse’s financial dependence on the other, any existing prenuptial agreements, and the conduct of the parties while they were married and during the divorce process.

A family attorney can help ensure the equitable division of property during a divorce

The family law attorneys at Banks, Stubbs & McFarland LLP safeguard your interests for the property distribution phase of your divorce settlement, which is critical in the case of high asset and complex divorces. Our firm’s reputation for skill and client commitment will work to ease the potentially painful process of ending your relationship.

We assist individuals, couples, and families in Forsyth County and surrounding areas to resolve critical divorce issues as swiftly and amicably as possible by facilitating negotiation, and if necessary, litigation in court to protect your interests. Our solutions are made to service you for years to come.

We effectively and efficiently prepare and present your case for a fair separation of property and assets, and disclosure of debts. Contact us for an initial consultation to ensure that your rights are protected throughout the process.