Cinnaminson Divorce Lawyers
Cinnaminson Family Law Attorneys Fight to Safeguard Clients’ Property Rights
Divorce can generate many unanticipated complications and arguments regardless of the state of the relationship between the spouses when the decision to divorce is reached. Most couples never anticipate that they will eventually reach the point of divorcing, so it is understandable that while you have carefully accumulated assets and planned for the future, you never planned for dividing those assets up in a divorce.
If your marriage has deteriorated and you are considering divorce, it is important to avoid the initial urge to act hastily. Seeking out experienced legal help early can improve your position because even the timing of filing for divorce can have a lasting impact on the overall outcome. At Cordry Hartman, LLC, our experienced Cinnaminson divorce lawyers understand that litigation is not the only option, and know when to act aggressively to protect your rights, and when to strategically negotiate to ease tensions between you and your spouse. We can support you through this difficult time in your life, and help you move on with the peace of mind that you have reached the most advantageous settlement possible in your case.
Potential Complications Under New Jersey’s Equitable Distribution Rule
New Jersey follows an equitable distribution rule, which means that marital assets are not necessarily split 50-50 in a divorce. Fault is also not a consideration under the equitable distribution rules. In reaching an equitable distribution, the court will consider a variety of factors, including:
- Any prenuptial or postnuptial agreements,
- The length of the marriage,
- The relative financial positions of the spouses,
- The health and ages of the spouses,
- The standard of living and economic circumstances of both spouses,
- Earning capacity,
- Whether one spouse contributed to the other spouse’s education or ability to earn a higher income,
- Whether one spouse is a custodial parent,
- The debts and other liabilities of the spouses,
- Tax consequences,
- One spouse’s contribution to the marriage as a homemaker.
As noted above, both assets and liabilities must be divided in a divorce. Technically, only marital assets are subject to the equitable distribution rules, meaning that any separate property that one spouse brought into the marriage is not subject to division. Any property that was inherited by, or gifted to, one spouse is also considered non-marital property.
While this is technically the case, non-marital property can easily and accidentally be transformed into marital property through co-mingling with other marital property. One important example of potentially unintended co-mingling involves situations where one spouse owned the home in which the spouses lived during marriage prior to the marriage, but marital funds were used to make significant improvements to that home. In this case, the spouse who did not own the home prior to marriage may make a claim to classify the home as marital property. Contact us today to learn more about equitable distribution for your divorce in New Jersey.
Why Choose the Cinnaminson Divorce Lawyers at Cordry Hartman, LLC to Protect Your Assets?
Negotiations over asset division can quickly become contentious, and you need a lawyer that you can trust by your side. Our lawyers will thoroughly evaluate your spouse’s financial situation to determine which assets should properly be classified as marital assets, and will also investigate to ensure that he or she did not attempt to transfer or conceal any assets in anticipation of divorce.
At Cordry Hartman, LLC, our attorneys have been fighting to reach favorable property division settlement agreements for clients for over 75 years. We offer aggressive litigation experience coupled with compassionate support for every one of our clients. If you need a full-service family law firm that can also go to battle to protect your assets in a divorce, contact the lawyers at Cordry Hartman, LLC today.
Schedule a Confidential Consultation Today
If you are considering divorce, contact a knowledgeable Cinnaminson divorce lawyer to help you through the process today. Equitable distribution can be a very difficult process to understand given how divorces progress. Fighting over marital property can be quite pricey and difficult for the people within the marriage. Contact the New Jersey divorce attorneys at Cordry Hartman, LLC today for your free consultation. Our office is conveniently located at 505 S Lenola Rd Suite 224, Moorestown, NJ 08057.
About the Cinnaminson, NJ Area
Cinnaminson Township is located in Burlington County, New Jersey, near the Delaware River. Cinnaminson is largely considered to be a suburb of Philadelphia, making it a popular residential area for those commuting to work in the Philadelphia area. The area had a total population of 15,569 as of the 2010 census, and these residents inhabit an area of approximately eight square miles.
The name “Cinnaminson” derives from a Native American term, but the meaning is contested—some say the term means “sweet water”, while others think it may derive from words meaning “stone island”. 66.2 percent of households in Cinnaminson consisted of married couples as of the 2010 census, and 31.1 percent of households had children under the age of 18 living with them. The last available data shows that the median family income in Cinnaminson is approximately $98,579.
In most cases, if one spouse transfers or sells property shortly before filing for divorce, the other spouse will be entitled to a share of the value of that marital property in the eventual property settlement agreement. This is the case even if your spouse gave the property away, and received no payment in return. The courts will presume that the transfer was made in bad faith unless your spouse can provide evidence to the contrary, and will include your share of the value of that property in your settlement. For example, if your spouse gave away marital property worth $100,000, and the judge orders a 50-50 division of that asset, he or she will be required to pay you $50,000—even if that property can no longer be recovered to sell.
FAQ: Do you cover all of South Jersey for divorce cases?
We serve clients throughout New Jersey, including in Cherry Hill, Mt Laurel, Haddonfield, Marlton, Evesham, Voorhees, Medford, Moorestown, Cinnaminson, Burlington County, Camden County, Gloucester County, Cape May County, Cumberland County, Salem County, and Atlantic County.
Yes. New Jersey courts consider both economic and non-economic contributions to a marriage. If you stayed home as a homemaker, that contribution to the marriage counts—your spouse was able to focus on earning income while you took care of things at home, meaning that you are just as entitled to share in the marital assets.