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How to Choose a Property Division Attorney
A property division attorney will show you how your joint assets will be divided during your divorce. Choose an attorney who has explained costs and fees to you, and can present the types of property and the laws that apply in your state in a way that you can easily understand.
Divorce is one of the most stressful of life events. Once you and your partner have made this difficult decision, you will have to go through a legal process to separate your assets. Since you will no doubt be experiencing strong emotions during this period, it is important to find an attorney who can be helpful and direct so that you understand the process and your rights.
How your property is divided will be determined by what state you live in, but for the most part, property you have acquired during the time you were married is considered community property. Community property consists of all earnings during the time you were married, and all assets acquired with those earnings in the same time frame. In general, separate property that was mixed with community property during marriage can become part of community property. Likewise, all debt that was accrued during marriage is considered community property. In some states, such as California, marital property is divided 50/50 most of the time. A good attorney should explain to you the difference between community and non-community property and how this applies in your state. Your attorney should also be able to clearly define for you the property that will be divided, such as retirement funds, a business, securities, vehicles, some forms of life insurance, and money that is owed to you, as well as the more obvious household items.
Your property division attorney should be able to advise you of circumstances where 50/50 division will not happen. Although unusual, the court may determine that one spouse be awarded more than half of the couple’s property in cases of fraud or recklessness. For instance, if one spouse had hidden debts, or was negligent and intentionally wasted joint resources, or if the marriage was of short duration and the common assets were large in proportion.
Your attorney should be able to tell you what to expect from the process, and estimate the total cost. You could be asked to pay from $5000 to $10000 as a retainer fee before the attorney will agree to work with you, so you need to have a fair idea of your cash assets starting out and be sure you have an attorney who can work within your budget. If you do not have a high net worth, you should find and attorney who charges around $400 an hour or less.
If you are looking for a property division attorney in Oceanside, visit this website to learn more. The right attorney can make divorce a less painful experience.
Paul advises people on divorce and family law matters. You can find his thoughts at familylawyertips.blogspot.com
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