Dividing property during a divorce can be a challenging and frustrating issue. A spouse might claim a larger portion of the marital property than they are legally entitled to receive. Unfortunately, that places the other spouse in the position of fighting for their fair share of the marital assets.
The experienced divorce lawyers of The Law Office of Jennifer J. McCaskill, LLC have extensive experience handling complex and contested property division cases. Our experienced Monmouth County property division attorneys can fight to ensure you receive your fair share of assets.
Contact our law office in Monmouth County, NJ, or give us a call at (732) 747-1882 to schedule a free consultation with one of our New Jersey family law attorneys. We are here to help you with every aspect of your divorce case.
How The Law Office of Jennifer J. McCaskill Can Help You Divide Property in a Monmouth County Divorce Action
At The Law Office of Jennifer J. McCaskill our lawyers have over 18 years of experience handling divorce settlements in New Jersey. Our Monmouth County property division lawyers are skilled, aggressive negotiators and experienced trial lawyers. We fiercely advocate for our clients inside and outside of the courtroom.
Our founding attorney Jennifer McCaskill and our team of family law attorneys create workable solutions through mediation and collaboration. However, we are prepared to fight for you in court when your spouse refuses to agree to a fair division of property. In all situations, our attorneys work to obtain the best possible outcome in your case.
When you hire The Law Office of Jennifer J. McCaskill you can expect us to:
- Carefully analyze your case to prioritize the critical areas of concern
- Help you navigate the process of dividing your marital assets
- Identify all assets that are subject to property division in New Jersey
- Work with experts to calculate the correct value of your marital assets
- Hire private investigators to assist in finding concealed assets
- Demand a full accounting and financial disclosure from your spouse
- Develop a strategy for obtaining the assets you desire
- Aggressively negotiate a settlement that is in your best interest
Our legal team is equipped to handle all types of property division cases, including cases involving high-net-worth couples, businesses, prenuptial agreements, and unique assets. A skilled Monmouth County family lawyer on your side gives you the best chance of receiving a fair property settlement.
Call The Law Office of Jennifer J. McCaskill to schedule a free case evaluation with one of our property division lawyers in Monmouth County, New Jersey.
New Jersey Is an Equitable Division State for Marital Assets
Some states have community property laws that require couples to divide assets acquired during the marriage equally. However, New Jersey adopted equitable division laws for marital assets.
If a couple cannot agree on how to divide their assets, a judge determines what is equitable. However, equitable distribution does not mean equal. Instead, it means what is fair given the circumstances of the case.
Therefore, a judge could order a couple to divide marital assets equally. But on the other hand, the judge could decide that a fair distribution of assets is 60/40.
You need to protect your right to a fair share of marital assets during a divorce. Likewise, you need to protect your separate property from your spouse. Hiring an experienced Monmouth County property division lawyer is the best way to protect yourself during a divorce case.
Factors Judges Consider in New Jersey Property Division Cases
A judge may consider any factors deemed relevant to deciding an equitable division of marital assets. Equitable distribution factors that the courts consider include:
- How long the couple has been married
- The age and health of both spouses
- Each spouse’s financial situation
- A spouse’s ability to earn income
- The resources available to each spouse
- The lifestyle and standard of living during the marriage
- The value of marital and separate property
- The terms of a prenuptial or postnuptial agreement
- The contributions of each spouse to the acquisition of marital property
- The contributions of each spouse to the education, career, and earning capacity of the other spouse
- The tax consequences of the proposed property distribution
- A spouse’s contribution as a homemaker and their deferred career goals to stay at home
- The debts and liabilities of each spouse
- The need to provide for foreseeable education or medical expenses for a spouse or child
The court may also consider which spouse has primary custody of the minor children. None of the factors have more or less weight than the other factors. Instead, a judge decides which factors have more relevance given the facts and circumstances of the case.
Our Monmouth County property division lawyers understand how to present the facts so that the court understands your contributions to the marriage and marital assets. We work to frame compelling arguments that support our proposed property settlement agreement.
We ensure your assets are correctly identified and valued. Then, we give you legal advice about your options for property division based on your unique situation.
Separate Property vs. Marital Property in New Jersey
The distinction between marital and separate property is crucial in a divorce case. Separate property is not subject to property division.
Generally, separate property are assets you owned before you were married. Marital property includes most of the assets acquired during the marriage. Marital property is divided between spouses during a divorce.
However, there are exceptions. Property acquired during the marriage by gift or inheritance qualifies as separate property. It can exclude gifts from one spouse to another spouse.
Also, separate property commingled with marital property or converted to marital property is subject to equitable division during a divorce. For example, a spouse uses an inheritance to purchase real estate that they title jointly with their spouse. Another example could be depositing a cash gift from a relative into a joint account with their spouse.
Assets defined as separate property in a prenuptial or postnuptial agreement are not subject to equitable distribution. However, if a judge determines the marital agreement is invalid, the property could be included in the marital assets, depending on the situation.
Determining the status of an asset can be a critical factor in a property division case. Therefore, our attorneys work closely with you to identify and protect separate property from being included in the property division settlement.
How Are Assets Valued During a Divorce?
Some assets are easy to value. For example, the value of investment accounts and bank accounts is equal to the total funds in the account.
A vehicle can be valued using Kelley Blue Book or obtaining an appraisal from a car dealership. In addition, spouses might agree to value personal items, clothing, and furniture based on the amount they would receive if they sold the items at a consignment shop or online.
However, some assets are more difficult to value. For example, real estate, antiques, jewelry, and collectibles often require a formal appraisal.
Valuing a business usually requires hiring a business valuation specialist. You may also need to hire a forensic accountant if you suspect your spouse is hiding assets in the business to avoid property division.
The value of some assets can change significantly within a short period. For example, stock prices can fluctuate wildly at times, and bitcoin’s value can change daily.
Our Monmouth County divorce lawyers hire experts, investigators, and financial professionals when necessary. We understand the best ways to value assets and how to discover assets your spouse might be hiding to avoid giving you a fair share of the marital property.
At The Law Office of Jennifer J. McCaskill, Our Lawyers Handle Complex Property Division Cases
Equitable distribution matters can be challenging, even in a simple divorce case. However, some assets make property division much more challenging. Our lawyers are skilled and capable of handling cases involving high asset divorce and:
- Real estate investments
- Intellectual property, including copyrights, patents, and trademarks
- Stock options and deferred income
- Retirement accounts
- Professional practices
- Closely held family business
- Antiques, collectibles, and expensive jewelry
- Inheritance, trusts, and gifts
- Separate property that includes marital contributions
- Commingled separate property
- Assets subject to a marital agreement
- Concealed assets
In many cases, spouses have different definitions of what is “fair” for the division of assets during a divorce. As a result, complex assets increase the chance of costly and time-consuming litigation.
Our Monmouth County divorce lawyers are skilled mediators. We understand the value of being flexible and willing to compromise to avoid litigation.
However, we also place your best interest as the top priority. Therefore, if we need to take your case to court, we are prepared to advocate aggressively for your right to a fair property settlement.
Schedule a Free Consultation With Our Monmouth County Property Division Lawyers
The results of property division during a divorce significantly impact your future. Our Monmouth County property division attorneys diligently pursue an equitable property settlement. Call our law firm to schedule a free case evaluation to discuss your situation.
Our divorce law firm in Monmouth County, NJ also provides:
- Monmouth County Divorce Lawyer
- Mediation Attorney in Monmouth County, NJ
- Monmouth County Child Relocation Lawyers
- Judgment Modifications Lawyer in Monmouth County, NJ
- Prenuptial Agreements Lawyers in Monmouth County, NJ
- Domestic Violence Attorneys in Monmouth County, NJ
- Monmouth County Modifications of Order Lawyer
- Division of Assets Attorney in Monmouth County, NJ
- High Asset Divorce Lawyer in Monmouth County, NJ
- Paternity Lawyer in Monmouth County, NJ
- Monmouth County Child Support Lawyers
The Law Office of Jennifer J. McCaskill, LLC
157 Broad St Ste. 111 Red Bank, NJ 07701