(801) 254-9450 When getting divorced, disputes over the division of marital property and debts are among the most contentious. Even if both sides largely agree over who is entitled to certain assets, you still need to ensure the division is fair and reasonable.
The help of a Heber City property division lawyer is crucial when dealing with equitable division in a divorce. At Carr | Woodall, our experienced family law attorneys work tirelessly to ensure the law treats you fairly when splitting property.
In divorce proceedings, courts divide marital property by equitable standards. Equitable division aims to arrive at a fair split for both parties, which does not mean strictly equal. State law classifies all property obtained during a marriage as marital property and subject to division. However, there are exceptions, including personal injury settlements and family inheritance.
The courts consider a wide range of factors in determining a fair division, including the duration of the marriage and each party’s ability to earn a living after the divorce. In a long marriage, the division may approach an equal share; however, in a short marriage, the court may aim to restore each spouse to the economic position they occupied before getting married.
Separate property includes assets held solely by one party before marriage. This property generally remains with the original owner unless it has been commingled with marital assets. The equitable division process also applies to debts acquired during the marriage. Equitable division aims to provide fairness to both parties, but judges do not apply a rigid formula when making decisions about asset division, making a lawyer’s help crucial in Heber City.
Unlike child support or custody matters, courts will typically not make modifications to a property division order once it is created. Each ex-spouse then has full ownership rights to the marital property that the courts awarded them.
However, situations involving fraud or the nondisclosure of assets could allow the courts to reopen a property division case and reassess what is fair for each party based on new information. A Heber City asset and debt division attorney may advise you on when reopening a case might be possible if you are concerned that the outcome is not fair to you.
Instead of handling the divorce process entirely on your own, consider relying on the skill and experience of a Heber City property division lawyer from Carr | Woodall. Our attorneys could work tirelessly to ensure the law treats you fairly and respects your rights during property disputes to help you build a stable future after divorce. Contact us today to learn how we may advocate on your behalf.