Friday, January 24, 2020

Tips for Dividing Marital Property During Divorce

golden rings Photo by Caio Resende from Pexels

With over two decades of experience in family law and criminal justice, Carla Risoldi is the founder/owner of Risoldi Law Offices, LLC. Holding a juris doctor degree from Fordham University School of Law, and an undergraduate degree from the University of Pennsylvania, Carla Risoldi is proficient in various areas of family law, including spousal support, divorce, and property division.

In the event of divorce, dividing property can be challenging. Below are several tips to help avoid stress and simplify the process.

1. Avoid fighting over small items, or having emotional attachments to objects. If you’re unable to agree on which member of the couple should receive an item after divorce, a judge will not take emotional attachment into account; they will simply issue orders for the property to be divided according to state laws. Carla Risoldi advises that clients "keep their eyes on the ball" meaning that the big picture of the real estate, retirement benefits, investment and bank accounts, vehicles and debts are what divorce court is all about. Carla always fights for her clients to get them the best possible resolution.

2. Understand that both Pennsylvania and New Jersey are "equitable distribution" states, meaning that the courts will strive to apply law and equitable principles of "fairness" to effectuate the proper split of marital assets and debts.

3. Also, both Pennsylvania and New Jersey are "no-fault" states, meaning that you can obtain a divorce without proving fault grounds, which used to be required under older laws. Furthermore, in addition to being able to obtain the divorce without having to prove fault, fault plays a very minor role in the overall case, generally speaking, the spouse who may have committed "fault" does not pay more nor does the spouse who was "faulted" by the other receive more assets, asset division is considered based on economic, not fault, factors such as the length of the marriage, the relative incomes and health of the parties and the like. There are some limited areas where "fault" may come into play, such as it may prevent the at-fault spouse from receiving alimony.

4. Do not hide any information about assets; divorce attorneys are experts at finding it. When this happens, you could be penalized. Disclosing all relevant information from the onset is always advised.

You should always consult with an experienced attorney such as Carla Risoldi if you are considering a divorce. Carla Risoldi not only practices family law through Risoldi Law Offices, LLC, with offices in Langhorne and New Hope, Pennsylvania, but she also practices divorce and custody mediation through samaggikaranam divorce & custody mediation, llc. She can be reached at 215-741-3700.