In a New Jersey divorce, all marital property — any property acquired during a marriage — will undergo division through the equitable distribution of property model. When divorce planning, you may want to plan for what you can bring out of the divorce, but, unfortunately, it may not be that easy until the court makes its decision.
Definition of Equitable
Unfortunately, there is no true definition of what could be considered “equitable” for the courts to follow other than that the division of property is fair for both parties. The court interprets the equitable division of property differently in each case, so there is no true calculation on how you can preplan this split.
This means that one party can walk away with 70% of the marital property while the other party walks away with the other 30%. In other cases, there can be a 50/50 split, but that rarely happens. What is most important in this determination is ultimately what the court believes is fair from the circumstances of your marriage and the value of your marital assets.
A Finalized Divorce Means Final Decision
Unlike with alimony or child support, you are unable to change the court’s decision and request a modification with a change in circumstances. This makes it so important that you have aggressive legal representation fighting for your best interests during the division of property because after the court makes their final decision on the division of property, you may not be able to change it.
When dividing your property, you need a divorce attorney who will negotiate in your favor because of the high importance of getting division right the first — and in most cases, only — time.
Somerset County Divorce Lawyers
When you need results in your divorce, you need our aggressive representation to ensure you are getting the best possible outcome. Our divorce lawyers at DeTommaso Law Group, LLC have over 125 years of combined legal experience and will build you a personalized case to achieve your goals for your divorce.
If you are considering filing for divorce or have questions about your divorce, contact our Somerset County divorce attorneys online or call us today at (908) 274-3028 to schedule an initial consultation.