Equitable Distribution Lawyers
Worried about losing all your money?
Ending a marriage involves many difficult steps, including deciding who will get what marital property, assets, and dividing up the debt. Depending on your situation and relationship with your spouse, you may be able to divide property through negotiations equitably. If you are not in agreement on how to divide property and assets, this decision will ultimately be made by a Judge.
New Jersey uses the concept of equitable distribution in dividing assets. Even though you may hear the word “equal” in equitable, that does not mean that property will necessarily be divided 50/50 between you and your spouse. Instead, assets will be divided in a way that you and your attorneys (if you can come to an agreement outside of court), or a judge, deems fair, reasonable, and acceptable based upon your case. You could get more than 50%, you could get less than 50%, or you could get 50%. Every divorce is different. What you may get depends on all the facts of your particular situation.
Get Help from Our Experienced New Jersey Equitable Distribution Attorneys
If you are worried about how your marital assets will be split, or there are particular items that you wish to keep, it is time to get the help of a divorce attorney with an in-depth understanding of how equitable distribution decisions are made. Our divorce attorneys will be on your side, working to protect your interests and ensure fairness throughout the equitable division process.
For someone on your side, contact Men’s & Fathers’ Rights Divorce Lawyers by Schultz & Associates, LLC in Bergen County. Call us at (201) 880-9770 to arrange a time to speak with one of our lawyers.
There are so many lawyers out there! Why Choose Our Law Firm?
We know you have choices in New Jersey when it comes to family law firms. Why are we better than our competition? Well, first, we may not be! The answer is really about what experience you have had thus far with lawyers and law firms; whether those experiences were with divorce and family lawyers or in the realm of other industries.
We exist to support men’s rights with an emphasis on parental injustice so the divorce sucks less for your kids.
We also don’t believe in competition. We believe that there is a right fit of a lawyer and law firm for every client. We hope it is us, but it may not be… and, that is okay! All we can do is tell you about us and you get to make that decision for yourself.
We are not shy about our core values here at [MFR] Men’s & Fathers’ Rights Divorce Lawyers by Schultz & Associates, LLC and believe in full transparency. We live and breathe by the below core values:
- Rebalancing Justice: We are on a mission to represent clients who understand Fathers are just as important as Mothers. We create solutions so children can have the best of both parents.
- Protecting Time & Money- We get paid to protect what matters most to our clients. We provide valuable expert services so our clients can focus on rebuilding.
- Extreme Ownership- We trust, but verify, all information coming in or going out. We do it right or do it over. We explore all options until none are left.
- Reality-based Focus- We rely on logic, not emotions, to make decisions and provide solutions. We focus on the bigger picture and the impact of our work on others.
- Effective Communication- we do what we say we will do. We communicate clearly, consistently, and efficiently. We use simple language in the midst of complex problems.
- Learn & Grow (Geek Out)- we are unafraid to evolve professionally and personally. We are propelling into the future on a distinctive and exclusive path.
Carrie Schultz is certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney. She and her attorney team have a combined 50-plus years of experience handling the most complex cases involving equitable distribution, including matters involving high-net-worth divorces.
It helps in choosing a lawyer to read about the experiences of other people who faced similar family law issues. Here is just one review from a satisfied client:
“What an amazing experience we had from start to finish, from the first phone call to the last call. Carrie and associates have really made feel like they care. The only lawyers’ office I have been to where it actually feels like they care. Again, Carrie sincerely made me feel great and was honest, she could have told us we needed to go to trial but didn’t for one second try anything fishy or dishonest.”
Reach out today to get the help you need in ensuring fair and equitable property distribution. Call us at (201) 880-9770 to schedule a Case Evaluation.
What Does Equitable Distribution Mean in Divorce?
There are two basic ways assets and property are divided when couples divorce. Approximately one-fifth of states are community property states that divide jointly owned property 50/50. Most states, including New Jersey, however, use equitable distribution to divide property in a divorce. As previously stated, equitable distribution may or may not mean an equal division of marital property between spouses. Instead, property division is based on what is deemed fair and reasonable (and most times what is acceptable to you).
How Does Equitable Distribution Work in New Jersey?
How does equitable distribution work in New Jersey? If you and your spouse are unable to negotiate a property settlement between yourselves, your case will be decided by a New Jersey judge. The judge will make his or her decisions relative to equitably dividing your property in accordance with the factors given in N.J.S.A 2A:34-23.1.The factors are:
a.)he duration of the marriage or civil union;
b.) The age and physical and emotional health of the parties;
c.)The income or property brought to the marriage or civil union by each party;
d.)The standard of living established during the marriage or civil union;
e.)Any written agreement made by the parties before or during the marriage or civil union concerning an arrangement of property distribution;
f.)The economic circumstances of each party at the time the division of property becomes effective;
g.)The income and earning capacity of each party, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children, and the time and expense necessary to acquire sufficient education or training to enable the party to become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage or civil union;
h.) The contribution by each party to the education, training or earning power of the other;
i.) The contribution of each party to the acquisition, dissipation, preservation, depreciation or appreciation in the amount or value of the marital property, or the property acquired during the civil union as well as the contribution of a party as a homemaker;
j.)The tax consequences of the proposed distribution to each party;
k.)The present value of the property;
l.)The need of a parent who has physical custody of a child to own or occupy the marital residence or residence shared by the partners in a civil union couple and to use or own the household effects;
m.)The debts and liabilities of the parties;
n.)The need for creation, now or in the future, of a trust fund to secure reasonably foreseeable medical or educational costs for a spouse, partner in a civil union couple or children;
o.) The extent to which a party deferred achieving their career goals; and
p.)Any other factors which the court may deem relevant.
In every case, except cases where the court does not make an award concerning the equitable distribution of property pursuant to subsection h. of N.J.S.2A:34-23, the court shall make specific findings of fact on the evidence relevant to all issues pertaining to asset eligibility or ineligibility, asset valuation, and equitable distribution, including specifically, but not limited to, the factors set forth in this section.
It shall be a rebuttable presumption that each party made a substantial financial or nonfinancial contribution to the acquisition of income and property while the party was married.
Before property can be equitably divided, it must first be determined whether property is marital property or separate property.
What is Marital Property Versus Separate Property?
In general terms, marital property is property acquired by one or both spouses during the marriage. Separate property is typically property a spouse had before the marriage. This could be inheritances and gifts from parents or other individuals to a single spouse, and property protected through a prenuptial or postnuptial agreement. Marital property is subject to division. Separate property is typically not absent certain exceptions. Marital debts (debts acquired during the marriage) are also subject to division through equitable distribution.
How Our Equitable Distribution Lawyers Can Help You
Most couples, with the assistance of attorneys, negotiate the equitable distribution of property with your spouse without the involvement of the court. When it cannot be resolved by mutual agreement, the case will proceed to trial and ultimately the Judge will make the allocation and divide assets (and debts) for you.
Our attorney will strongly advocate for you in negotiations and/or in the courtroom to ensure that you get your fair share of marital assets and have the best possible chance of getting the property that is important to you and ensuring that any responsibility for payback of financial debts are allocated appropriately between you and your spouse so it just doesn’t fall on you.
We will Ensure Your Assets Are Properly Identified
The old saying, “One Ounce of prevention is worth a pound of a cure,” applies when it comes to the equitable distribution of property. The more prepared you are going into negotiations or before a judge, the better opportunity for a satisfactory outcome to your liking. We will guide you in identifying what assets or debts are separate and what would otherwise be considered marital, along with assisting you to gather the relevant paperwork to prove same.
We will also examine any prenuptial or postnuptial that exist to first determine their strength and validity.
It is also smart to consider what assets are most important to you to keep, as well as think about what your spouse may want, which may help in negotiating a settlement that is reasonable for both of you.
We Provide Advice Based on Your Unique Situation
There are many pressing concerns when it comes to property division in divorce including:
- Who gets the house?
- Can we afford to sustain two households early in this process?
- What happens if I have a business — do I have to divide it? Does she get a piece? Does my business partner have to work with her?
- What happens to assets that my spouse brought to the marriage but that grew in value in part due to my contributions? Do I get a piece?
- What recourse do I have if I believe my spouse is hiding assets during divorce?
- What can I do if I don’t want my spouse to know I have certain assets?
The answer to these questions and other relevant questions relating to same is not the same for every situation. The answer to your situation will depend upon your individual circumstances.
Our skilled equitable distribution lawyers will analyze all the factors in your situation and look out for your best interests. When it comes to divorce, you need an entire team on your side. Call us at (201) 880-9770 to arrange a time to speak with a New Jersey equitable distribution attorney.
Our Experienced Equitable Distribution Lawyer Will Stand Up for You
Dividing up property can be confusing and stressful. We know that. It is hard to sort through items and assets you owned together and calmly divvy them between you, or worse, have them divided by a judge who is ultimately nothing more than a stranger. It is difficult to have your soon-to-be-former spouse try to make claims on property that you consider to be separate and yours alone or are only in existence because your sweat and tears and hard work.
Many conflicts can arise during divorce and the equitable distribution of property. With a strong legal team on your side, you will have the best chance of getting a satisfactory outcome. We look forward to helping you reach the best possible outcome and move on with your life so you can start rebuilding financially and emotionally sooner rather than later. Our knowledgeable attorneys have years of experience advocating for divorcing spouses in the equitable distribution of property determinations and all divorce issues.
For strategic legal plan you can trust, call (201) 880-9770 to arrange a time to speak with an attorney at [MFR] Men’s & Fathers’ Rights Divorce Lawyers by Schultz & Associates, LLC in Hackensack, New Jersey.
”The team at Schultz and Associates is professional, detailed oriented, and effective with providing accurate information. They truly listen and understand unique needs of their clients. I appreciate all the support and hard work put in to get the results I needed. Thank you to Carrie Schultz and Andrew Economos outstanding attorneys/advisors, and most of all great people with your best interest in mind.” – Eddie Howell (Google Review)