How do I handle issues of property division in a collaborative divorce?
When facing the issues of property division in a collaborative divorce in Mississippi, it’s important to understand the process and the laws that govern it. All property acquired during the marriage is considered marital property and is typically divided equally between the parties in a divorce. However, if an item was a gift or inheritance, it can be excluded from the division of property. When it comes to collaborative divorce, the parties must make an agreement dealing with property division. The agreement should include how the assets and debts will be allocated between the parties. If one spouse receives the house, for example, the other can receive a greater proportion of other marital assets or a lower debt load. The agreement should also lay out how much each spouse will pay in taxes on the division of property and how the assets and debts will be divided upon the sale of any jointly owned assets. When the agreement is finalized, it is sent to the court and becomes a part of the divorce decree. It must be followed by both parties and may be enforced by the court if either party fails to comply. Because collaborative divorce is typically cheaper and faster than a traditional divorce, it can be beneficial to use a professional to help guide you through the process. A professional can provide advice on what kind of agreement to make and ensure that the process follows the law. Additionally, a professional can help draft the documents necessary to ensure that the agreement is followed and hold both parties accountable.
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