miercuri, 26 martie 2014

Dividing Up Your Assets During Divorce

By Norbert Higensen


Nobody wants to admit that their marriage has reached an end or they need to spend some time apart from their significant other. Everyone knows what divorce means. It's the complete dissolution of a marriage. Few people know the difference between legal separation and divorce. One would think that they're the same thing because when a divorce is finalized, both parties are separated legally. The reality of the situation is that there are some distinct differences between the two options. Two people who get legally separated want to work it out. They need to have some time apart. Periods of legal separation can be lengthy before they lead to divorce. People don't have to get legally separated. That's just a decision they decide to make.

Before you even begin, do your best to be nice. The nicer you are, the better of a deal you will both end up with. You don't want to have to take this process in front of a judge - which is costly, frustrating, and often less fair. Especially if you have sentimental attachments to certain things, discussing things directly with your ex can lead to compromises and satisfaction on both sides.

Because of the Service members Civil Relief Act (SCRA), military personnel are often allowed more time to respond to divorce filings. This is because they could be overseas or on active duty, and need more leeway to complete their side of the proceedings.

Consulting with the Best Negotiator

For example, if a couple had been married for 12 years, but a spouse was only on active duty for 8 of those years, then the DFAS won't make direct payments to the non-military spouse. There needs to be at least 10 years of active duty while still married. However, a judge may still decide to split up a pension if the "10-10 test" isn't met, in which case the service member will be responsible for making payments to the ex-spouse instead of payments coming directly from the DFAS.

Another method is the "cutting the cake" technique. One person splits the assets into two equal parts and the other chooses. You can either decide on your own who will be doing the splitting, or you could flip a coin. Winner splits, loser chooses first. If you'd rather not go through the process of splitting up valuables, you could always hold a yard sale or put your things for sale online and split the money you get once the sale is over. That way, you can start fresh and new without old memories tied to old objects.

As well as you splitting your "stuff" may go, you still will probably need help splitting the big things like your home, car, family business, or retirement. Decisions like this might have to involve the court or other legal advice. Don't hesitate to turn to your Tacoma divorce lawyer; he/she will be able to help you out. Hopefully at the end of the day, you can part ways amicably and start a new life comfortably.




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