Marital Property

When determining how property is divided during a divorce, the first thing to do is to protect any potential marital property before it is dissipated by the other party, while simultaneously avoiding taking action that could be considered dissipation. One must then determine what qualifies as marital property, based upon the timing and nature of its acquisition.

The consideration of the general factors then enters the picture, as well as valuation. Each specific type of property has its own sub-factors to consider. Finally, one should tackle the tricky aspect of any retirement funds or closely held businesses, as those may require in-depth expertise to divide. Obviously, each judge will vary in his/her approach, but remember: the general rules do apply.

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