Leading New Jersey Divorce Attorneys
Division of Marital Property
The lawyer you choose can make a huge difference in your chances of retaining the property you want in a divorce. Choose an experienced, skilled lawyer well-known for his successes in trial.
Few New Jersey family law attorneys are more experienced and well-respected than Herman Osofsky. He is a tough and experienced trial lawyer who has tried many large-scale divorces to conclusion. At the Law Offices of Herman Osofsky, we represent clients throughout northern New Jersey, including those in Somerset County, Passaic County, Morris County, Bergen County, Middlesex County, Essex County, and Sussex County. Contact us by e-mail or call (973) 777-4464 or (800) 378-4464 any time.
What Property is Divided?
Generally, only marital property is divided. Marital property includes all property and assets acquired during a marriage. Separate property that was inherited or acquired before the marriage is usually found to be non-marital property is given to its original owner.
Marital property is a broad category, and can include:
· Homes, vacation cabins, rental property, and
other real estate in New Jersey and elsewhere
- Joint and separate checking, banking, and investment accounts
- Stocks, bonds, mutual funds and other investments
- Pensions
- Cash value of insurance policies
- Retirement accounts, including 401ks, SEPS, Roth IRA, etc.
- Trust funds
- Family owned businesses
- Cars, boats. and other vehicles
- Furs, collectibles, and jewelry
How Will Property Be Divided?
In New Jersey, division of property proceeds according to "equitable distribution of marital property," in which the aim of the courts is to divide property based on what is fair. Many past court cases are used to make exceptions and to set rules and procedures.
People often believe that New Jersey is a "community property" state—it isn't. Community property is a more strict set of rules that requires all assets acquired during a marriage to be split evenly among divorcing spouses. In New Jersey, there is more flexibility to determine a fair split.
Contact Us
Of course, not all divorces have drawn-out conflicts over the division of property, especially those that do not involve large amounts of property. But if there is a large estate at issue, you want to have a lawyer with the proven ability to provide aggressive divorce representation. Contact us by e-mail or call (973) 777-4464 or (800) 378-4464 immediately to speak with our experienced New Jersey divorce lawyer.