Division Of Assets: How to Be Fair

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Division Of Assets How to Be Fair
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Introduction

• With divorce comes division of assets. In
  wealthy marriages, this can be complex and take
  several years. In less wealthy marriages, this
  can be a matter of months. No matter how long
  you need to divide your assets, it is important
  to take the right amount of time to be fair.
  People often have to decide how they will make a
  deal when it comes to division of assets. You
  want to make sure that both parties have enough
  time to decide what they will bargain for.
  People may have different things that are
  important to them, but it can take time to sift
  through items that have accumulated.
• Whether the couple have been married for a short
  duration or a long time, they can have important
  assets that have to be divided differently. For
  instance, in some divorce cases everything gets
  split in half-the house is sold and the money is
  split the real estate is divided evenly, and the
  household goods are divided exactly. In others,
  there are buyouts. One person keeps a large
  amount of items and pays the other person their
  amount of the total value in cash or stock. In
  still others, people share the items and
  basically loan them back and forth. This turns
  real estate basically into a timeshare, but it
  keeps people from having to split interest
  acquired on the real estate and cut their
  investment short.
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• To know what type of division is for you, it is
  important to give the other side enough time to
  realize what is at stake. People sometimes think
  they are up for bargaining for real estate or
  pets. They may get halfway into negotiations and
  realize that it is not quite worth what they
  thought in sweat and tears. So be fair by
  letting people think through their wants all the
  way. A carefully made list of wants is more
  worth each partys time anyways. The lawyers
  will have an easier time, and so will the
  families of the divorcing couples as they decide
  where to spend time and money in the future.
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• The other way to be fair is to share the list of
  what is really important to you with the other
  side. In divorce negotiations, people usually
  have no idea what they are in for when it comes
  to division of assets. They may never know that
  the chandelier is the other persons most prized
  possession. They may have no idea that the
  antique silver is worth a whole house to someone,
  even if the real values of the two items are not
  equal.
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• When it comes to division of assets, people can
  show their true desires in ways they may never
  have thought to do when they were married. Or,
  it may take a divorce for them to realize what is
  really important. So be as patient as you can as
  people take time to decide what is worth fighting
  for. If the two parties are as different as they
  believe, given their decision to split, likely
  they will want different items out of the
  marriage anyway.
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Table of Contents

• Divorce Mediation When You Need It.
• What to Do When You Have to Share Custody.

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Divorce Mediation When You Need It

• Divorce is never easy. When things become too
  difficult to speak fairly, you may want to retain
  a mediator. There are several situations that
  will require mediation. To be clear, a mediator
  is different from a lawyer in that they are there
  to discuss fairness and family values rather than
  help one side retain assets. You will want a
  mediator with whom you can communicate clearly.
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• A good mediator is someone who can understand
  both sides and help them to reach their goals.
  After all, meetings are expensive and take a lot
  of time. When mediation goes well, everyone has
  an easier time legally. It is important to make
  sure that the mediator leaves a good impression
  on both parties and can help represent the
  families involved as well as the soon-to-be
  divorced.
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• A mediator can take comprehensive assessments of
  the situation and keep up with fast-changing
  issues in a divorce. When divorces begin, there
  are already issues on the table. But as
  negotiations start, things become more and more
  complex. You will want someone who is quick on
  their feet and very sharp to help your family
  through this difficult time. It is not easy to
  sit through mediation, but discussions become
  even more difficult when the mediator cannot stay
  abreast of the real issue or pick up on subtle
  differences between parties.
• When you need a mediator, you will want a good
  one. How will you know when you need one? In
  many instances, a mediator is assigned by a judge
  during proceedings. Divorces can be hard to get
  or easy to get depending on where you live and
  were married. But a judge has to preside over
  most of the process no matter where you are.
  Some other people that could be involved are
  pastors or priests, counselors, childrens
  advocates, and lawyers. A mediator can be
  assigned by a judge for any number of reasons.
  They may insist that the parties divorcing speak
  through a mediator if they are in civil to each
  other in front of a judge, have temper issues, or
  are known to be less than truthful with each
  others lawyers.

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• Mediators are a good idea in many cases even if
  they are not ordered by a judge. You will need a
  mediator assigned before you think one is
  required if you feel tension rising to a degree
  that talks can contain illegal activity. Some
  things that can happen are swearing in front of
  children, excessive fighting, or wasting each
  others time to the point of lawsuit. These are
  all issues that can negatively affect your claim
  in court. The better behaved both parties are in
  the proceedings, the healthier everyone is. They
  also tend to have things awarded in their favor
  more often. So, you will need a mediator when a
  judge assigns one. But you also need to get a
  mediator before things become that tense if you
  have the chance, so that you stack the odds in
  your favor with the judge.

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What to Do When You Have to Share Custody

• Sharing custody is never easy. You will need to
  practice diplomacy and the art of negotiation in
  order to work through child custody mediation. It
  is important to show your best face and put your
  best foot forward character-wise, because a judge
  is watching. They can award custody differently
  based on many things, but diplomacy and respect
  are two of the items they can use to adjudicate
  with. If you are caught speaking negatively to
  your children about other members of the family,
  the judge may be in a position to award custody
  differently, not in your favor.
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• Likewise, you do not have to put up with another
  family member negatively representing you during
  child custody mediation. You may be awarded more
  rights or more time with the children if the
  other party is at fault in this area. So, keep
  calm and carry on in all cases. Make time to do
  things with your family and appear put-together,
  even though your nerves may be fraught. Childhood
  is relatively short, and you will want to see
  your kids as often as you can. The way to do this
  is through a decent custody arrangement and as
  much family time as you can manage.

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• It is easy to let family outings fall through the
  cracks when divorce and child custody proceeding
  arise, because of all the time you spend doing
  legal trying to get custody. Do not let that
  cause a lack of family time for you, though.
  Child custody mediation can last up to several
  years, and the time will fly by in the blink of
  an eye if you let it. The way to get what you
  want out of child custody mediation is to appear
  well in front of the judge and to negotiate
  fairly with the other person while respecting
  your childrens needs. A kind, caring parent has
  a much better chance of winning larger custody
  than someone who attempts to take control of the
  situation.

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• To bolster your image (and get better results
  with your family), you can encourage your
  childrens participation in activities that
  support their mental health and well being. It is
  hard to manage the basics of food and enough rest
  during a divorce proceeding, especially if you do
  not have custody arranged already. But keep at
  it! Even if it is just a 15-minute walk with your
  children a day, you will have a stronger family
  and a better report with the judge based on the
  activities you support. The more you practice
  keeping your family together and actively engaged
  in healthy activities, the better off you would
  be when you have to negotiate for your time with
  the kids. You can take heart in the fact that
  childhood is relatively short. It is both
  pressure to do a good job and good news to those
  who may be tired. You will be done raising the
  kids faster than you realize, so make sure you
  schedule some fun. Even if it is a few minutes to
  play family cards here and there, your children
  will benefit and remember you.
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The End

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