Experienced Property Division Attorneys In Philadelphia And Cherry Hill

Both Pennsylvania and New Jersey are "equitable distribution" states when it comes to dividing marital property. This means that regardless of whose name is on the title, all assets and debts that a couple acquires during the marriage will be considered marital property and subject to equitable distribution.

A handful of assets, such as inheritance and gifts to a spouse from someone other than the other spouse, can remain nonmarital assets as long as they are not commingled with marital property.

It is important to note that the term "equitable distribution" does not mean a 50-50 split of all marital assets. Rather, the court will consider a number of factors in order to divide assets as fairly as possible. These factors include:

  • The length of the marriage
  • Whether one party will be the custodial parent
  • The income and earning potential of both parties
  • The standard of living set before the divorce
  • The tax consequences to each party
  • Any prenuptial agreement that existed regarding the division of marital assets

We Work To Put You In The Best Possible Position Following Divorce

Disputes regarding property division are common in divorce litigation. As with other issues that need to be resolved, such as child custody and visitation, it is generally beneficial to both parties if they can reach agreement on property division without litigating.

At Previtera & Schimmel, in Philadelphia, we help our clients in Pennsylvania and Southern New Jersey reach a divorce property settlement that protects their rights and puts them in the best possible situation financially to begin their post-divorce life.

If a fair agreement cannot be reached amicably, we can work with a third-party mediator who is skilled at negotiating agreements. If that doesn't work, we will advocate aggressively for you in court.

We have a thorough understanding of property division laws and guidelines in both states. We will protect your assets that were acquired before the marriage as well as those that can remain nonmarital assets.

If there are real estate holdings, pension plans, a family business or other complex holdings, we will work with highly regarded forensic accountants, valuation specialists and others who will help determine their accurate value.

Contact Our Experienced Property Division Lawyers

Unlike child custody, child support and spousal support agreements, which can be modified if a significant change in circumstances warrants it, division of marital property rarely is subject to modification once the two parties agree to terms or a court order is produced.

That is why it is important to enlist the services of a knowledgeable property division attorney who will protect your interests. Call 800-580-9136 or email our law office to schedule a no-obligation consultation. We can review your case and provide a straightforward assessment of what you can expect regarding property division.