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Fighting for your fair share in the property division process

Most divorce cases in Maryland will involve substantially similar issues, such as child custody, child support, alimony and property division. The facts of any given case, however, will vary widely since no two couples have the same family or financial situation. For those whose primary concern is the property division issue, sometimes it can be quite a fight to get your fair share.

It is understandable if many of our readers think that property division would be fairly simple: a “50/50” split, right? Actually, that is not how family law in Maryland addresses property division. Like most other states, Maryland adheres to an “equitable distribution” principle when it comes to property division. This means that, unless the soon-to-be ex-spouses are able to agree on an out-of-court settlement, the family law judge on the case will divide the couple’s assets in a way that the judge believes is “fair.” In some cases, that definitely results in a split of assets that is not even.

And, another part of the property division process is oftentimes overlooked until the divorce case is in full swing: dividing debt. That’s right – just like assets must be divided in a divorce case, so too must debts be divided as well. This can include all types of debts, from mortgages and car loans to credit card debt and student loan debt.

When it comes to subjective terms such as “fairness” or “equitable” ruling the division of property in a case, persuasive arguments can become essential for Maryland residents to get their fair share. Our readers may benefit from getting more information about their own specific options before they start a divorce case.