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Property Settlement

Divorces end the marital union of two people and the commingling of their assets. Assets accumulated before the marriage, as well as assets acquired during the marriage, are subject to a division between spouses, depending on the laws of the state granting the divorce.

A prenuptial agreement may protect certain assets in case of divorce. For example, if a wife owns a condominium before marriage, she might be entitled to keep the condo after divorce under the terms of a prenuptial agreement.

Without a prenuptial agreement, the condo might be sold and the proceeds divided between the parties. In some states the parties will each receive an equal share. In other states courts award equitable shares - not necessarily equal shares. An equitable share may give one spouse more or less than half of the assets depending on a number of factors like length of marriage, conduct during marriage, contribution toward the acquisition and preservation of the assets, income, education, health, age, and so forth.

Lawyers help clients by identifying and valuing assets, and then negotiating or litigating for the best possible outcome.

Divorce courts deal with all kinds of assets such as frequent flyer miles, stock options, houses, time shares, star or celebrity status, pensions, retirement accounts, cash, saving, pets, inheritances, trusts, lottery winnings, medical licenses, family businesses, art, jewelry, antiques, guns, stamp collections and other collectibles, gifts, engagement rings, household contents (probably the court's least favorite category), cemetery plots, country club memberships, and just about every other item under the sun. Every divorce lawyer has an anecdote about one particularly nasty fight over a toaster, hammer, or other item of little or no dollar value. The fight is really about who gets the last word, not the item in question.

I am a mediator, a neutral third party, who assists couples communicate and resolve disputes. Mediation is cost effective and timely. Mediation sessions usually last two to three hours. Couples who are able to sit in the same room and speak rationally with each other can resolve issues related to property settlement.

The mediation process provides a safe and respectful environment in which to work through issues. Mediation is confidential unlike court proceedings which are open to the public. Mediation allows parties in dispute to resolve their issues with less stress, anger, and anxiety.

Couples who wish to maintain a cordial and cooperative relationship are better able to do so with mediation than litigation. Litigation is an adversarial process in which people surrender their dispute to a stranger in a black robe who will decide a winner and a loser.

At any stage in the mediation process a party may consult an independent attorney, accountant or other adviser, for additional information or to review a proposed settlement.

If you are working on the issue of property settlement, contact Md Mediator (410) 433-4040. You don’t have to wait months to get into a court room. In many cases mediation may be scheduled the same week you call.

Md Mediator
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Baltimore, MD 21286
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