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Getting divorced is seldom easy. You might be trying to move forward with your life while closing a painful chapter at the same time.
In these moments, the last thing you might want to consider is the division of property you shared with your spouse, but you have to deal with it. If you’re hunting for a family law attorney, Park City, Utah, does have some highly qualified ones you can hire. We’ll discuss five of the most common questions you might want to ask an attorney about property division after a divorce.
Is There a Standard Way to Divide Property?
The answer to this question is no. No two marriages are the same, and no two divorces are, either. With each dissolution of a marriage will come a lengthy negotiation process. During that time, you’ll discuss which partner gets to keep which property.
You’ll probably have to go over who gets the house if there is one. You’ll talk about cars, furniture, the wedding china, and just about everything else. Sometimes these are easy discussions, while other times, they can get contentious.
Will I Have to Appear in Court?
If you’re trying to divide property during a divorce, you might be able to work everything out between the two of you. You might also hire lawyers to help with the whole process.
You will not necessarily have to appear in court, but you might. A judge may have to be the final word on who gets what property if you and your lawyers can’t agree on your own.
Do State Laws Come Into Play During this Process?
You might also wonder whether what state you’re in comes into play when dividing up property during a divorce. The answer is yes.
Each state has different laws and customs regarding property division during a divorce. This is just one of the myriad reasons why it’s often necessary to hire a lawyer. They can help to explain the division of property laws pertaining to your particular state.
What Are Marital Property and Separate Property?
In some states, there is a division between what is called marital property and separate property. In these cases, a spouse will not have a legal claim to what the state determines is separate property. Separate property belongs to one individual in the marriage and not to both.
Separate property might be something one person owned before they entered into the marriage. Again, a lawyer can help you understand this distinction.
What Happens to a Married Couple’s Debts?
Even as you’re wondering what might happen to the property you and your spouse own, you may also wonder what will happen to your debts. Each state has different laws in place about this as well. Those laws will help to determine who gets saddled with your debt, but a judge’s ruling might also have some bearing on this matter.
The answers to these questions should go a long way toward helping you navigate the treacherous terrain of your divorce.
