Distribution of Assets Your Rights Are Our Business

Distribution of Assets

Property Division Lawyers in New Jersey

New Jersey is an equitable distribution state, which is based on circumstance rather than equal division (50/50). When determining asset division, the court will consider real estate, investments, retirement assets, business property, and personal property. Because each party’s interests will vary, in order to reach a fair divorce agreement, financial equity must be obtained.

Given the state’s equitable distribution law, it is important that you work with a New Jersey lawyer to help you protect your assets, or your right to your fair share of your spouse’s assets, in a divorce. We understand how controversial issues regarding assets and properties can be during a divorce, and we work hard to help you reach amicable solutions to even the most contentious disputes.

To learn more about our approach to property division cases in New Jersey, contact our legal team at (856) 512-1461. We can also be reached via our online contact form.

Deciding Property Distribution

Before ruling on the division of property in a divorce, the court will consider all of the following as they pertain to your case:

  • The length of the marriage
  • Each spouse’s age and physical / emotional health
  • Any income or property brought into a marriage by either spouse
  • The marital standard of living
  • Any prenuptial or postnuptial agreements
  • Each spouse’s economic circumstances
  • The current economic circumstances
  • Each spouse’s income and earning capacity
  • Whether either spouse delayed pursuing career goals during the marriage
  • The present value of all property
  • The tax consequences of distribution
  • Each spouse’s debts and liabilities
  • Contributions to acquire, preserve, improve or waste the marital property
  • Contributions made to the education or earning capacity of the other spouse

In the event that one spouse wasted marital assets by misusing property, a judge may assign the other spouse a larger part of the remaining assets. Or, if one spouse’s behavior was “egregious,” a judge can also assign more assets to the other spouse.

When it comes to debts, courts usually divide them equally, unless one spouse is solely responsible for the debt, receives the entire benefit of the debt or is better able to pay for the debt.

How Property Division Works in a Divorce

You can either negotiate your own property division with your spouse, or a judge will make the decision on your behalf if you and your spouse cannot amicably reach an agreement on your own. In most cases, it is in your best interest to resolve all the details amicably. The court will be more limited in how it will divide the assets. Judges are given limited information and cannot fully understand your needs.

To negotiate your own division, you will need to identify all of the marital property, determine the value of the marital property, and distribute the property (this includes selling the marital home and dividing the proceeds, etc.). Our experienced team of New Jersey property division lawyers at Burnham Douglass Attorneys at Law knows how to approach asset distribution cases in a way that ensures you can safely secure the personal properties rightfully entitled to you.

Our offices are conveniently located in Marlton and Somers Point, New Jersey and we serve clients throughout South Jersey, including but not limited to the communities of Cherry Hill, Medford, Moorestown, Mt. Laurel, Princeton and Voorhees.

We want to help you protect your property in a divorce. To get started, give us a call at (856) 512-1461 or contact us online. Our convenient office hours include same-day appointments, video consultations, and after-hours and weekend appointments.

The Stories That Matter

See What Our Valued Clients Have to Say
  • Both Michelle and Phil made me feel like I was a family member they were representing.

    “This testimonial will be the most honest you have ever read. My journey is incredible..my case was actually dismissed in summary judgment due to fact I had incompetent counsel previously. Michelle ...”

    - Robert K. Petroski
  • After meeting Michelle, she gave me the confidence I needed to fight for what I deserved.

    “When I first met Michelle, I had so many fears about filing a lawsuit. I was afraid of actually filing against Atlantic City Board of Education simply because what I had gone through was torture. I ...”

    - Maria Marino
  • I never knew compassion, value and honesty could exist in an attorney until I met Philip.

    “I'm hoping there's enough space to comment on my experience with Philip as he assisted me on a very personal matter... I was recommended by two different sources, so I hoped & prayed this would be my ...”

    - Dan
  • She was always very prompt in her follow-up and developed a winning strategy for me.

    “I am very grateful Mrs. Michelle J. Douglass took my case. You demonstrated to me great expertise. She was always very prompt in her follow-up and developed a winning strategy for me. Working with ...”

    - James Runyon
  • Michelle Douglass is a straight shooter and fights for your rights.

    “The firm handled my case in a dedicated and professional manner. Michelle Douglass is a straight shooter and fights for your rights. Her tenaciousness and no nonsense approach quickly set the tone and ...”

    - Dave Daniels
  • Phil's service exceeded my expectations and I found him to be more responsive and sensitive to my situation than the previous lawyer I had used.

    “Phil Burnham is an excellent divorce lawyer! Phil's service exceeded my expectations and I found him to be more responsive and sensitive to my situation than the previous lawyer I had used. He was ...”

    - Abby
  • Ms. Douglass always returned my calls promptly as if I were the most valuable client among the many she represents.

    “It has been a pleasure for the last couple of years working with Michelle Douglass and the entire 'My rights lawyers team'. Michelle's experience and legal knowledge on employee rights impressed me ...”

    - Heather
  • I was helped by Michelle every step of the way, with guidance and answers. She is remarkable and I love her.

    “My name is Joanne Craven. I have been a long time client of the firm and have become a personal friend with Michelle Douglass as a result. Just recently, they helped me through a very difficult time. ...”

    - Joanne Imperatore
  • Ms. Douglass, I got a feeling of genuine concern, unlike that of the prior attorneys I had spoken to.

    “I first met attorney Michelle Douglass in late fall of 2003. I had been to numerous attorneys trying to find one that was not only capable, but willing to take on such a challenge. When I presented my ...”

    - Kathy Jen
  • Michelle Douglass turned a difficult situation into an easy solution.

    “When I needed an attorney to help me through a difficult transition from employment to retirement, I turned to Michelle Douglass. Throughout my case, I was in contact with my attorneys, all of my ...”

    - Erich Straub
/

What Sets Our Firm Apart?

The Difference is Clear 
  • Care

    We approach each client with compassion, empathy and care.

  • Experience

    We have an in-depth understanding of the law and how it relates to your unique case.

  • Personal Attention

    We will provide you with the personal attention your case deserves.

  • Flexible

    We offer video, after hour and weekend appointments for your convenience. 

  • High-Quality Representation

    We deliver high-quality legal work because we handle select cases.

  • Dedication

    We have been serving the needs of our clients for over 30 years and are dedicated to your success.

Start Your Path with Caring Legal Support