Divorce can be accompanied by a vast variety of challenges. However, the breadth of these challenges can be summarized in just a few words: emotional and physical attachments. Through the years we share with one another, we grow sentimental attachments to particular objects. This is natural. A challenge can arise, however, if a marriage reaches its end and the two parties must reckon with how to divide up sentimental items.
If you are facing a divorce, a marital property division attorney working out of Albuquerque can help you resolve the issues you face. The last thing you want is for a judge to make decisions about sentimental belongings for you when you don’t have the proper legal support to back you up.
What You Need to Know About Division of Assets
The only way a judge can divide items is according to their perceived monetary value. A judge cannot ascertain or quantify sentimental value for one or both spouses: an item is simply a price tag. In court, items may be divided equally according to this measuring stick.
In order for both parties to exit the courtroom as happily as possible, you must work with a qualified attorney to ensure a fair and intentional outcome. An attorney can also help you work more directly with your spouse, which will ensure equitable and mutual gain. Here are a few tips to consider when dividing your special belongings with your spouse:
Don’t Hide Anything
For a fair outcome, both parties need to be as truthful as possible. It’s understandable that one may feel protective of belongings, but lying about assets can land you in far greater trouble that the feeling of “protecting” an asset is worth.
Honesty is the best policy. Try to discuss with your spouse the items that hold a special place in your heart. It’s important to be as civil as possible, even when emotions are running high. The more accommodating you are, the more likely your spouse is to be accommodating as well.
In the courtroom, there is little time to consider heartstrings. A judge has to make a quick decision about your assets based on hard numbers. Try to be truthful and cooperative with your spouse to avoid a judge’s harsh decisions and a hefty court expense bill.
Discuss Assets Accrued During the Marriage
In the course of any marriage, assets may grow over time. Have a conversation with your spouse about pensions, retirement plans, and other assets you’ve both acquired over the long-term. The more honest and civil you and your spouse can be, the greater likelihood that both of you will leave the marriage satisfied without having to be put at the mercy of the judge. Especially at this point, full transparency about your financial choices is imperative. You must both make negotiations in good faith. Both of your must be able to make choices that you can live with.
Let Go of Little Things
While a small item may seem like it means something significant in the moment, the amount of litigation associated with the piece of property or item could lead to a far greater expense than the item itself is worth. We all can appreciate the importance of a sentimental item, but don’t allow sentimentality to conflict with the power of logic and common sense in a way that burns a hole in your pocket.
Make Use of Both Attorneys
The conversation between two skilled attorneys and two spouses doesn’t have to be a confrontation: it can be a collaboration. Distributing precious belongings can be a very trying process, but it doesn’t hurt to hear varying ideas about negotiation tactics and what both sides have in mind. Compromise is key. Use all the resources at your disposal.
Consider Long-term and Short-term Solutions
Agreeing on simple solutions for the moment is one of the first parts of the divorce process, while matters like alimony may require a longer conversation. Your ability to be fair and reasonable with the small stuff can take you a long way. As you get the short-term matters taken care of, you can ensure that the long-term matters are dealt with properly. Furthermore, a good track record of dealing with divorce-related, short-term matters can show the judge that you are willing to own up to your side of the marital responsibilities.
Finding the Right Marital Property Division Attorney for You
As you begin the divorce process, take the time to look into family law options in the Albuquerque area. It’s important that you choose a lawyer who can help you to properly exercise your rights and ensure that items are divided between you and your spouse equitably. When all is said and done, divorce may feel like a breath of fresh air. A good divorce attorney can help make sure your divorce process is a breeze. Contact us today.