Equitable Distribution in a Newburyport Divorce
At Turco Legal, our Newburyport family law and divorce attorneys are prepared, pragmatic, and focused on helping our clients get the best outcome in their cases. Dividing property in a divorce is never easy, but we can protect your rights. If you have any questions or concerns about splitting up property in a divorce, we are here to help. To arrange a confidential initial case evaluation with a top Massachusetts divorce lawyer, please contact our Newburyport law office today.
What to Know About Divorce and Equitable Property Division in Massachusetts
Did you know that somewhere between 35 and 50 percent of U.S. marriages end in divorce? While divorce is a relatively common part of life in Newburyport and other communities, that does not make it any easier for the couple that is actually going through one. Property division can be one of the most contentious, logistically challenging issues that divorcing couples confront. If you are getting divorced in Essex County, it is crucial that you know your rights and responsibilities. Here are three key things to understand about equitable distribution and property division during a divorce in Massachusetts.
- Massachusetts is an Equitable Property Division Jurisdiction. Similar to the majority of U.S. states, Massachusetts takes an equitable distribution approach to divorce. Under Massachusetts law, the court will divide a divorcing couple’s property, assets, and debts in a “fair” (equitable) manner. An equitable distribution of property may or may not be an even (50/50) split of the assets. The division deemed fair and appropriate by the Essex County Probate and Family Court will depend on the specific circumstances of the case.
- There Is a Distinction Between Marital Property and Separate Property. It is important for divorcing couples to know the differences between marital property and separate property. In Massachusetts, marital property is all of the property obtained by either spouse after the start of the marriage. All marital property is subject to equitable distribution. On the other hand, separate property (pre-marital property) may remain the sole property of the owner-spouse. However, separate property can be complicated—there are times the court may distribute it equitably. If separate property is commingled in Massachusetts, for example, it may be deemed marital property.
- Courts Can Consider a Wide Range of Factors When Dividing Property in a Divorce. In determining how to divide property and assets in a divorce, Massachusetts law (Section 34 of M.G.L. Chapter 208) empowers courts to review a wide array of factors. A court may consider the length of the marriage, the contributions/sacrifices made by each party during the marriage, the future financial prospects of each spouse, the future financial needs of each spouse, and any misconduct that led to the breakdown of the marriage.
Ultimately, every divorce is different. The equitable property division arrangement that works for another divorcing couple in Newburyport may simply be inappropriate in your situation. At the same time, the overwhelming majority of married couples that separate in Massachusetts opt for an uncontested divorce. Among other things, this means that they agree regarding property division and other important divorce matters. At Turco Legal, our Newburyport, MA divorce lawyers put an emphasis on helping clients find amicable, cost-effective solutions. We are also a trial-tested family law firm, however, that is prepared to take legal action in order to protect your rights.
How the Newburyport Divorce Attorneys at Turco Legal Can Help
Ending a marriage is inevitably challenging—especially if you have complex property and assets that must be split up. At Turco Legal, we are here to help you navigate the complexities of the process. When you call our Newburyport office, you will have a chance to speak with a Newburyport divorce and family law attorney who can:
- Conduct a comprehensive, confidential review of your case;
- Answer any questions you have about property division in Massachusetts;
- Help you gather and organize all relevant evidence and information;
- Represent you in property division negotiations in your divorce; and,
- Take the appropriate legal action to help you secure the best outcome.
As every divorce is different, personalized legal representation is a must. Our Newburyport, MA divorce lawyers are always ready to put forward the time and resources needed to help you get results. We encourage you to check out our client testimonials and client reviews, and reach out to us directly with any specific questions or concerns.
Contact Our Newburyport, MA Divorce and Family Law Attorneys Today
At Turco Legal, our Newburyport divorce lawyers provide solutions-driven legal guidance and support to clients. Your rights and interests matter. If you want more information about equitable distribution and property division in divorce, we can help. Call us at (978) 225-9030 or contact us online for your fully private family law consultation. With an office in Newburyport, we provide family law representation throughout Essex County, including in Andover, Rockport, Ipswich, Marblehead, Peabody, and Salem.