Showing posts with label Dividing Marital Property. Show all posts
Showing posts with label Dividing Marital Property. Show all posts

Friday, November 18, 2022

3 Tips to Guide You When Dividing Marital Property

Going through a divorce is not easy. It is not just about the emotional situation you find yourself in, it is also about potentially selling a house, moving, deciding on things like child custody, and division of marital assets. A lot of factors are involved in dealing with each one of these things and any way that you can make the process easier for yourself is worth considering. At Gibbons Law Firm, we understand it is a stressful time for you. We also have been down this road helping clients achieve their goals and start new chapters in life. When it comes to dividing assets, we do have a few tips that can help you get through the process easier and with less cost. So, just keep reading for three ideas that will help you when dividing marital assets.


1) Decide for Yourself

In the process of a divorce, there are a lot of factors that the Court will factor in when it comes to dividing marital property. The Court will look at each spouse’s current income, their earning potential, and even how they handled their finances during the marriage. This can lead to requiring a lot of documentation and time, and in the end, it still may not be what either of you want. 

2) Focus on Something You Both Can Live With

While there may not be a perfect way to divide assets so that both parties gets 100% of what they want, it is more likely that the two of you would be able to sit down and come up with what you both can live with. This was not something you planned having to do. It’s not going to be perfect, but you can reach an equitable (which doesn’t always mean equal) agreement where you can move forward with your life.

3) Be Business-Minded

It is easy to let yourself start thinking about how unfair it is to have to decide who gets what. Emotions are naturally high during a divorce, but they are usually not helpful when it comes to negotiations. The more you can think about this process as a business decision, the easier it will be to come to a mutual agreement. That is why having a compassionate and experienced divorce attorney at Lake of the Ozarks to diffuse emotions and negotiate on your behalf can make the whole process much less stressful and potentially bring about a better outcome.


Let Roger Gibbons Guide You Through Your Divorce 

Roger Gibbons is well versed in handling these types of negotiations compassionately and intelligently. He listens to his clients to understand their most important desired outcomes and helps guide them to a path that is most likely to bring that outcome for them. Then he negotiates on their behalf to come to a legal agreement that everyone is willing to sign. If you have any questions about dividing marital property, or any aspect of the divorce process, please call Gibbons Law Firm and schedule a free initial consultation. It will feel better knowing what your rights are and what the process looks like so you can make an informed decision from there. If you’d like to hear more helpful information and legal tips from our law firm in Lake Ozark, we have links below for you to use to follow us on your favorite social media platform.


Remember, your initial consultation with Gibbons Law Firm is always free.



Your Trusted Legal Resource

Gibbons Law Firm
2820 Bagnell Dam Blvd, Suite B4
Lake Ozark, MO 65049


(573) 348-2211

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Thursday, March 2, 2017

How Is Marital Property Divided In A Divorce?

Apart from child custody issues, dividing assets, property, and debts is the most time-consuming and challenging aspect of divorce. After years of treating everything as marital property, couples must decide how to divvy up their assets and liabilities so it will all become individual property. While every divorce is different, there are a few general guidelines that direct how property shall be divided in a divorce. Keep reading to learn more about dividing assets in a Missouri divorce.


What Are The Couple's Assets?

The first step is to identify the couple's collective assets. The ultimate goal will be to divide the total assets fairly and equitably, but in order to do that, the Court must first have a realistic understanding of the assets involved in the divorce. Marital assets may include:
  • Cars
  • Homes
  • Furniture
  • Jewelry
  • Clothing
  • Cash
  • Retirement accounts
  • Investment accounts
  • Bank accounts
  • Life insurance

it's important to note that as a general rule, the only property that will be up for division is that which is considered "marital property." Generally, any assets acquired after the wedding date is automatically considered marital property unless specifically designated otherwise. 

Dividing Property In A Divorce

Generally, couples who are facing divorce have two primary options for dividing their property. They can either reach an agreement on their own, or they can let the Court decide.


Reaching Your Own Agreement
If you and your spouse are able to be amicable and cooperative, designating your own plan for dividing assets may be an ideal solution. This generally the most desirable option since it allows both you and your spouse to have complete control over the division of your property. You can work together to devise an agreement that will accommodate both of your needs.

Letting The Court Decide
If you and your spouse are not able to come to an agreement, the only alternative is to allow the Court to decide. The Court will divide your marital assets in an equitable (but not necessarily equal) manner. When determining how to divide the assets, the Court will consider a variety of different factors including both spouses' current income, both spouses' earning potential, and how each spouse handled their finances during the marriage. Based on these (and other) factors, the Court will determine an arrangement that will meet each spouse's needs in a way that is fair and equitable.

Securing Representation For Your Divorce

If you are facing the possibility of divorce, we recommend that you seek representation from a qualified Missouri divorce attorney. Our firm has experience representing hundreds of divorce cases, we would be honored to help you and your spouse reach an equitable solution that meets both of your needs. If you would like more information about filing for divorce in the state of Missouri, feel free to contact Gibbons Law Firm for assistance. We would be happy to guide you through the process.




Your Trusted Legal Resource

Gibbons Law Firm
4075 Osage Beach Parkway, Suite 300
Osage Beach, MO 65065
(573) 348-2211

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No attorney-client relationship is created by the publication of this blog.