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For a contested divorce involving property in Divorce Law there are certain things to consider. If a prenuptial agreement was signed then the divorce will adhere to the agreement unless grounds are stated satisfactorily.

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Separate property constitutes any property that one spouse purchased and possessed prior to the marriage and that did not substantially change in value during the course of the marriage because of the efforts of one or both spouses. Under modern divorce laws, separate property is returned to its original owner, while marital property is divided according to negotiated settlement and what the court deems equitable. Collaborative divorce seems like a good concept in theory but not in practice. When it comes to divorce, there is often a lack of trust between the parties and a great deal of anger.

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Divorce laws generally recognize two types of property during property division proceedings – marital property and separate property. Marital property consists of property that the spouses acquire individually or jointly during the course of marriage. If properly executed, it can save a significant amount of time, heartache and expense in the long run. What is collaborative divorce? It is a method of divorce where both spouses hire their own individual attorneys who practice collaborative law.

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The parties and the attorneys sign an agreement that states that they will negotiate the divorce through a series of four-way meetings. These meetings are often carried out with the assistance of professionals such as child custody evaluators, accountants, and appraisers. If you aren’t familiar with the legalities of a divorce or the legal system itself, a divorce attorney will walk you through it. Since divorce can be such a sensitive situation, surprisingly, they can make a good shoulder to lean on.