In every dissolution of marriage case, the Court must determine how to divide the marital assets that have amassed during the marriage. There may be some things that you brought with you to the marriage and other material possessions that accrued during your marriage.
The same is true with your debts. There are debts that are in both of your names. There are some that have just your name on the debt and others that may be a debt to a parent or friend.
There are particular, specific rules that deal with each one of these scenarios. The goal of the Court is to try to make the dissolution as fair as possible. They do this by looking to the law and to other cases. A Judge makes a decision based upon experience and the law itself.
It is the job of Anne V. Alper, Attorney at Law to convince your Judge, in compliance with the law, that you are awarded what is legally and rightfully your property. Ms. Alper will bring to the Court’s attention what you brought with you to the marriage, or, what you inherited, so that these things are not wrongfully given away to the other side.
I have included the basics of the equitable distribution statute. Take the time to review this and look up the rest of the statute. It may seem difficult and somewhat confusing.
Anne V. Alper, Attorney at Law, has been reading and interpreting and presenting her arguments to the Court for 25 years. Trust her with your dissolution of marriage. Let her explain what is yours and what you should receive in a fair judgment.
Anne V. Alper, Esquire… Experience, Guidance and Results
61.075 Equitable distribution of marital assets and liabilities.—
(1) In a proceeding for dissolution of marriage, in addition to all other remedies available to a court to do equity between the parties, or in a proceeding for disposition of assets following a dissolution of marriage by a court which lacked jurisdiction over the absent spouse or lacked jurisdiction to dispose of the assets, the court shall set apart to each spouse that spouse’s non-marital assets and liabilities, and in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors, including:
(a) The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.
(b) The economic circumstances of the parties.
(c) The duration of the marriage.
(d) Any interruption of personal careers or educational opportunities of either party.
(e) The contribution of one spouse to the personal career or educational opportunity of the other spouse.
(f) The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.
(g) The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the non-marital assets of the parties.
(h) The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.
(i) The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.
(j) Any other factors necessary to do equity and justice between the parties.