Divorce often involves conflict, especially when children and significant assets are at stake. Couples do not always reach an agreement on custody or property division without assistance. An experienced property division attorney with a thorough understanding of Connecticut law could help you navigate these disputes and work toward an equitable resolution.
Going to court is the next step when spouses are not able to divide property or custody without assistance. The role of the court in Fairfield asset division is to utilize the principle of equitable division, which involves multiple factors to ensure that any property is divided fairly between the spouses. While a skilled divorce attorney can assist you in understanding the laws surrounding property division, the courts are the final arbiters of who gets what in the breakdown of a marriage.
Connecticut follows an all-property equitable distribution model, giving the court authority to assign assets to either spouse, regardless of whether the property was acquired during the marriage or separately through a gift or inheritance. Equitable distribution does not guarantee a 50/50 split. Instead, the court places all assets, including homes, rental properties, and retirement accounts, into a shared pool for division based on what it considers fair.
When dividing marital assets, courts will look at:
The court’s role in Fairfield property division and divorce cases also includes considering each party’s debt and liabilities.
In states that follow equitable division, such as Connecticut, the term “property” is defined broadly to include nearly all assets and liabilities, even fraudulent transfers to third parties. Courts treat debts similar to assets and consider who incurred the debt and who benefited from it when assigning responsibility. The court values all assets and debts as of the date it enters the divorce decree or, if necessary, a date close to it.
The role of the court in Fairfield asset division is to ensure each spouse receives a fair share. This includes dividing assets such as retirement plans and family keepsakes. Judges evaluate what serves each spouse’s interests and allow both parties to present documentation supporting their claims to specific assets.
Working with a knowledgeable divorce lawyer can help you stay focused and organized while preparing evidence related to property division. If you want guidance through this process, contact the experienced and compassionate team at Dolan Divorce Lawyers PLLC.
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