Almost every divorce involves division of property, and the attorneys at Kublan Khan PLC are here to assist you and your spouse with this process. The court can only divide and award the property and debts acquired or incurred during the marriage. The best way to divide marital property, however, is for the spouses to agree on a fair division without the court’s involvement. If an amicable resolution of this issue is possible, our attorneys can prepare a Property and Support Settlement Agreement, which in many instances would allow the parties to proceed with an uncontested divorce.
Unfortunately, when the parties are unable to reach a settlement, the court is required to divide their marital assets in an equitable fashion. Equitable does not mean that marital property is divided evenly, but rather as the court deems to be “just and right”. Marital debts are also divided by the court on a “just and right” basis. The judge can award an unequal division of marital assets and/or debts after considering who was at fault in breaking up the marriage, earning capacities and education of the parties, the parties’ ages and health, any special needs of the children, and the separate property owned by either spouse.
The attorneys at Kublan Khan PLC work to resolve divorce and property division disputes in the most efficient, amicable, and cost-effective manner. Yet, when push comes to shove, we can be aggressive in litigation. However, our experience shows that when we work with our clients to reach a mutual agreement outside of the court, our clients achieve a more favorable outcome.
If you are in the middle of a property division for your divorce matter, please make sure to contact us to schedule a consultation with one of our attorneys.