Property Division in New York Divorce

How is property divided in an uncontested divorce?

When married couples divorce in New York, the division of assets and debts is directed by the legal principle of equitable distribution. Under equitable distribution, the goal is not to make an even 50-50 division of the marital estate. Instead, the goal is to reach an arrangement which is fair, even if it is not strictly equal.

What Will Be Divided?

Generally speaking, the things you owned before you got married will not be subject to division in the divorce, but this is not true of assets you acquired during the marriage. All marital property is potentially subject to the claims of the other spouse. Another factor that may complicate the matter is that some assets may have increased in value since you married, and the amount of this increase may be considered as marital property. If, for example, you owned a house or a business before you took your vows, your spouse may be able to lay a claim against any value that has accrued to the asset in the time since then.

A New York City Uncontested Divorce Attorney Helping You Avoid a Difficult Divorce

Complexities such as these can often make the division of property a highly involved process, and when you add in the heated emotions of both parties, there is a high potential that the case will turn into a contested divorce. If you are anxious to avoid such an outcome, come to H. Benjamin Perez & Associates, P.C. for help from a New York uncontested divorce lawyer.