In a contested divorce, you will be dealing with a multitude of important legal issues, including determinations about the custody of children, calculation of child support, allocation of both assets and debt incurred during the marriage, and spousal maintenance. The court will also make determinations about the allocation of any non-marital property; i.e. property that is excluded from the marital estate for some reason, most often property that was owned by one party prior to the marriage, or property received via an inheritance. There is a presumption that all property acquired during the marriage is “marital property” and the party claiming any non-marital property must prove his or her entitlement to such property. It is therefore important to have an attorney who understands the complexities of this process in order to fully protect your interest in any non-marital property.
Married couples almost certainly accumulate debt during the course of their marriage, and, unlike property accumulated during the marriage, there is no presumption that debt is “marital property”. We will work with you to assess the character of both your assets and debts.
Whether you are simply contemplating filing for divorce or already involved in the process, it is imperative to have an attorney to protect your interests.