A proper asset division can only be accomplished if your lawyer does the work of getting the appraisals, identifying all the property, and presenting evidence in court as to how many properties exists and how much they’re worth. Even then it might not work, and you may have to appeal an issue, ask for a clarification, or file a motion to amend an error if the court gets it wrong. For this reason, understanding equitable distribution in Mesa before entering litigation with your spouse can be very advantageous.
What’s the difference between equitable distribution and equal distribution?
The Mesa family court located at 222 N Javelina Dr is required by law to divide a couple’s assets equitably upon divorce or separation. This could mean an equal split between the spouses, unless there’s a really good reason that equal isn’t equitable to both of them.
For instance, if one spouse’s parents give them $30,000 to buy a house and they title it jointly, if the marriage ends two months later the judge may determine that an equitable distribution gives them back the $30,000 that they borrowed from their parents. Sometimes, a couple decides how they would like to divide their property outside the court. The values might not be exactly equal, but the court will likely find their agreement to be equitable.
The Importance of Cooperation between Parties
It’s a lot easier and cheaper when the parties work together to identify and value their marital assets and share information. Since this doesn’t always happen, the discovery and disclosure process is used to force the exchange of information and elicit some level of cooperation.
An attorney from our firm could help a divorcing couple figure out what information they need to disclose to each other during discovery. To improve your understanding of equitable distribution in Mesa, call our office today.
