Legal Concerns While Getting a Divorce

Divorce

The divorce process does not have to be as stressful and anxiety producing as it is made out to be. Our legal expert’s job is to make sure that the assets of both parties are established and then distributed in the most equitable way. As well, our legal expert files the paperwork with the court, but through the collaborative process, neither party needs to go to the court.

An important consideration is that if the collaborative process does not work out, our legal expert cannot represent either party in future divorce litigation for the relationship. Angela is not the attorney for either spouse but is instead providing legal services to the relationship to find the best resolution for the relationship, and legal dissolution of the marriage, without putting the parties through the time, money, and stress involved in a divorce proceeding.

Equitable Distribution of Property

The primary goal of our legal expert is to identify what property is shared property and what property is not shared property. Then, we help both parties come to an agreement as to who owns the shared property after the dissolution.

Generally, things that were owned before the marriage remain the property of the party who owned them prior to the marriage. Things which were obtained during the marriage by both parties tend to be shared property. However, there are often complications over how to distribute things like real property, vehicles, and shared accounts. Our legal expert will help to place all of the items into the relevant categories and guide both partners through the process of coming to an agreement as to the division of the shared property.

Property Settlement Agreements

This is a legal document, filed with the divorce papers, that becomes incorporated into the divorce order and establishes how the property will be distributed. First, it establishes what is separate property and therefore remains the sole property of the partner who possesses it. The bulk of the Property Settlement Agreement addresses the shared property and how it will be distributed between the parties. Specific reference is made to health insurance, real property, vehicles, shared accounts, and any ongoing support one party provides another. Creating this document gives both parties a plan for what happens with the assets as time goes on, and a timeline of when significant events that change finances may happen.