Accomplished Property Division Attorney in Rockville, Maryland
Helping clients win property rights and retain separate property
In addition to the emotional toll of a divorce, the financial burden can be devastating. One of the most stressful aspects of a divorce is the division of property. Maryland is an equitable distribution state, meaning that the court divides the spouses’ assets based on a number of factors if they cannot agree to a plan on their own. While this division is meant to be equitable in theory, it can leave you on the losing end of a property battle. The Law Office of Stacy B. Talbott, LLC helps clients protect themselves and get a division of property plan that is in their best interest.
What factors does a judge consider?
If the two parties to a divorce cannot come to an agreement on their own regarding their property division plan, a judge reviews the case and divides the assets based on specific criteria:
- Length of the marriage
- Contributions of both parties to the marriage
- Current economic situation for both parties
- Age of both parties
- Health of both parties
- Amount of alimony paid
- Who has custody of the children
- Any conduct by either party that has proven detrimental to the marriage
How retirement benefits are divided
In Maryland, retirement plans and pensions are considered marital property that can be divided between spouses during a divorce. However, the court is not required to do so; it is up to the judge’s discretion. The court takes a number of factors into consideration before making a judgment on the division of these accounts, just like any other property, so each case is unique so it’s important to consult with an experienced property division attorney. The Law Office of Stacy B. Talbott, LLC can explain your options regarding any retirement plans in your divorce case.
How non-marital property is treated
If property is acquired property by gift or inheritance during your marriage or is owned prior to marriage, this property is called non-marital property and will generally be protected. However, sometimes these assets are blended with martial assets and the division of these assets becomes disputed and you need a strong advocate, such as The Law Office of Stacy B. Talbott, LLC, in your corner .
How a prenuptial agreement affects a property division plan
If you entered into a prenuptial agreement before marriage, your property is divided based on that document. These agreements often determine which property is separate and which is marital. This protects certain assets from a court’s ruling.
Contact an experienced property distribution attorney in Rockville, Maryland
If you need an accomplished divorce attorney to help you with your division of property case, contact the Rockville office of The Law Office of Stacy B. Talbott, LLC at 301-637-8527 or contact the firm online for comprehensive representation. Ms. Talbott offers reasonable fees. Her office is located one block from the Montgomery County Courthouse. Parking is available.