We have no children, but do have a home and some assets we need to divide.
In order to go forward as an uncontested divorce, you and your spouse must decide what you wish to do with the home and other assets. Some spouses choose to put the property up for sale and split the proceeds upon sale. Others choose for one spouse to remain in the home in exchange for another shared asset. If the house is up-side-down, some people decide to split the loss. Often one spouse will simply quit-claim the property to the other. However, their name is not off the loan documents until the property is sold or re-financed. For more details please refer to FAQ#2.
Where there are retirement accounts or other assets, spouses have to decide how they wish to divide them, perhaps incorporating them into the marital home negotiations outlined above. These assets can also be considered as one-time payments in lieu of alimony. Often parties choose to walk away with whatever is in their name and waive their rights to the other party’s assets.
There is no one way to divide assets. You and your spouse are the experts of your marriage and are in the best position to know what is fair – even if this means the distribution is unequal.
If you and your spouse have an idea of how you would like to divide your assets, please schedule a consultation by clicking on the “intake form” link below and answering the questions to the best of your ability. We will contact you within 24 - 48 hours to schedule a personal or phone consultation with one of our attorneys.