Property Distribution Attorney in Rockville, MD
Property Distribution Attorney in Rockville, MD
One of the most tiring aspects of divorce is property distribution. That means finding a resolution with your spouse on how the marital assets are divided after the split. Who gets the house? How about the car? Is the furniture part of the home?
Property division can be the most acrimonious issue during the divorce proceeding. Each party aims to get the most out of the division, leading to arguments and disagreements.
The Rockville property distribution attorneys at Fait & DiLima, LLP are experienced in handling cases where spouses are unclear about their assets. The first step is identifying which are separate and marital properties.
What Is Marital Property?
Maryland laws define separate property as any asset acquired by either party before the marriage begins. Inheritance and gifts to the individual are generally considered separate.
Marital property refers to all the assets accumulated during the marriage. That includes bank accounts, houses, businesses, and motor vehicles.
It is vital to define what separate and marital property is because the division is based only on the latter.
Contact a Rockville property distribution attorney if you need help determining if your assets fall into marital or separate.
How The State Distributes Property
After identifying the marital properties, the couple will go through equitable property division. The goal is to distribute the properties equitably. That does not always mean equal or a 50/50 split of the marital properties. The court will decide what is fair and just distribution.
The court will then look into several factors to determine the distribution of property. The factors include the following:
- The total duration of the marriage
- The current financial status of each spouse
- How the assets were acquired
- The individual contribution of the spouses in the marriage, including financial and non-financial contributions
- Health and age of both parties.
Other factors can play into the decision of the court. Each marriage is unique, so there is an opportunity to analyze the situation.
Protecting Your Property
Most people getting divorced are worried about their properties, especially if they acquired them independently. Understandably, you want to get your fair share. Fortunately, there are steps you can take to protect your properties.
One recourse is to have a prenuptial agreement. That is a written document detailing what happens to the couple’s properties in the event they get divorced. It can also include details on alimony and child custody. A postnuptial agreement serves the same purpose but can be done after the official marriage.
Suppose you do not have this in place, or your spouse no longer wants to discuss getting one. In that case, your best line of defense is to hire a competent and experienced property distribution attorney who can analyze your situation and outline an approach to achieve your goals.
At Fait & DiLima, LLP, we will aggressively fight for your interest. If you need help crafting your property distribution strategy, schedule a consultation with our Rockville property distribution attorney. We will do our best to get what you deserve.
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Practice Areas
- Alimony
- Alternatives To Litigation
- Child Support
- Divorce
- Domestic Voilence
- Enforcement & Post-Divorce Actions
- Hidden Assets
- High- Asset Divorce
- Marital Property Distribution
- Prenuptial & Postnuptial Agreements
- Protective Orders & Domestic Voilence
Why Choose Fait & Dilima, LLp?
- Decades of Experience – Established in 1979, the firm has over 30 years of experience helping the people of Maryland with family law issues.
- Dedicated Team – Our team focuses on your best interest by giving a personalized approach to your situation. Together, we will work towards your goal.
- Understanding and Empathic – Having handled many family law and divorce cases, our lawyers are empathic and understand your situation well. We know what you are going through and will guide you through the legal process.
Effect Of Marital Fault
Marital fault is a ground for divorce in Maryland that states one side did something wrong during the marriage, which merits the separation. That can have a significant effect on the distribution of properties.
Citing cheating as a marital fault will not have much impact. However, economic fault will. If you can prove your spouse has hidden assets or was purposely wasteful, the court can award in your favor.
The critical factor here is being able to demonstrate the fault.
Hiring A Property Distribution Attorney
The property distribution part of any divorce is complicated. Several moving parts must be pinned down to determine the proper division. Intending to be equitable, you need to prove what worth you deserve to receive from the marital properties.
That is the primary value of a property division attorney. You get guidance on crafting and executing a sound strategy with a reliable lawyer on your side.
Book a consultation with our property division attorneys at Fait & DiLima, LLP today.
Why Choose Us
- Dorothy R. Fait & Marjorie G. DiLima are Published Authors of Divorce In Maryland: The Legal Process, Your Rights, and What to Expect (2017)
- Evening & Weekend Appointments By Request
- Skilled Protective Order Representation
- A Personalized & Targeted Approach
- 100 Years of Combined Legal Experience
- Esteemed Awards & Recognitions
- Top Litigators & Negotiators
Responsive & Accessible
When divorce and other family law issues must be resolved, there are no substitutes for an attorney’s experience and dedication to client satisfaction. The Frederick and Rockville divorce lawyers of Fait & DiLima, LLP have more than 100 years of combined experience and an unmatched commitment to help individuals and families navigate challenging times.
Contact the Rockville and Frederick family law attorneys of Fait & DiLima, LLP today to schedule a consultation and discuss your legal needs. Fill out the contact form or give us a call. We have offices in Rockville and Frederick; both are conveniently located near the courthouses.
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