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Equitable Distribution in Divorce

Attorneys For Divorcing Men

Equitable distribution of marital property and debts is a critical issue in any divorce, especially in those involving complex financial holdings, businesses, or assets. If you are involved in a divorce, you will need to resolve the matter of equitable distribution or division of marital property before your divorce can be finalized. If you are located in Staten Island, Brooklyn, or in the counties of Monmouth or Middlesex, New Jersey, you can find competent legal representation with us.

What Is "Equitable Distribution"?

Equitable distribution refers to the division of marital property and debts upon the dissolution of marriage. Under New York and New Jersey laws, marital property is divided on the basis of a fair distribution between the spouses. Marital property consists of all property acquired by either or both spouses during the marriage and before any separation or divorce agreement, regardless of how the property is held. Real estate, bank accounts, stocks and bonds, IRAs, vehicles, boats, household furniture, and all other property acquired with marital funds are considered marital property.

As of September 1, 2009, new rules apply in any New York divorce action. These rules prevent either party from selling or transferring any real or personal property, withdrawing or transferring any tax deferred funds, incurring unreasonable debts, removing one another from any medical or dental insurance policies, or changing the beneficiaries of any life insurance policy once a divorce matter has been filed.

New York and New Jersey Divorce Lawyers for Division of Marital Property

In any equitable distribution matter, the court will consider a number of factors before determining what a fair division of the marital property is. We can review your financial situation and advise you on how your case should be presented to the court.

Contact us today for legal representation in the division of marital property pursuant to a divorce.

Have Questions?

We Have Answers!

Where Can I File My Divorce Paper Work?

If you are currently engaged in an uncontested divorce then you can file your divorce papers at the County Clerk’s Office, or online using the New York State Courts Electronic Filing System. However, many times this isn’t the case and you need an attorney that will guide you through your divorce. Contact my firm today for more information.
Do I Need to Live in New York to File for Divorce in New York?
Before you can obtain a divorce in New York State, you must meet one of the following residency requirements:
- The parties resided in New York as husband and wife, and either party lived in New York for one year or more prior to filing.
- The cause of action occurred in New York, and either party lived in New York for one year or more prior to filing.
- The cause of action occurred in New York, and both parties live in New York at the time of filing.
- Either party has lived in New York for two years or more prior to filing.
The court cannot maintain jurisdiction over a divorce action unless one of these five residency requirements exists. Any challenge to residency must be raised during the divorce proceedings, and will not be entertained post judgment.
Why Aren’t My Strategy Sessions Free of Charge?

Nationwide, many attorneys offer free case consultations, but when you enter the office you are not given a consultation of your rights and your options. That is why at my law office you will not be met with unfulfilled promises. During one of my case strategy meetings, I can guide you through your entire case and outline your options if you decide to pursue legal action with my firm. With my experience, skills, and knowledge you can rest assured that your case will be treated with care.