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When a marriage ends, one of the biggest challenges is fairly dividing any assets and debts that have been accumulated in the relationship. This process in Maryland is informed by legal principles that seek an outcome that is fair to both parties. While it may differ depending on the particulars of the case, insight into the general strategy for marital division will enable a more assured transition for the individual.
What Counts as Marital Property?
Let’s explain marital division in Maryland by dividing it into sub-categories for better understanding. The first thing is marital property. Marital property generally encompasses all assets or debts that were accumulated throughout the marriage. Anything could have been tangible, from homes to vehicles and intangible, like financial assets such as bank accounts or retirement funds. However, not all property is to be included within this range. The assets owned by one spouse prior to the marriage or those received in the name of a present gift or inheritance generally stand as separate property so long as they remain separate and are not merged with the marital estate.
The Principle of Equitable Distribution
Maryland functions under an equitable distribution system. Property procured during marriage is divided fairly, although not necessarily equally. Any fair division shall be ascertained through several considerations of the court, inclusive but not limited to each party’s financial condition and contributions given to the marriage. This reflects a consideration that every marriage is different and therefore seeks to shape the distribution to the specific needs and circumstances of the parties involved.
The Role of Negotiation and Mediation
While courts are capable of making decisions as to how marital property should be apportioned, many couples prefer to settle such matters out of court. It is not wrong to say that, the best way possible is this one. Negotiation and mediation give spouses a chance to work together in arriving at a decision. Often these methods can reduce the stress and costs related to litigating and make an amicable resolution that much more obtainable. In most instances, coming to a consensus allows both parties a higher level of control as to the outcome.
After the asset and debt division is done, life goes on for the individuals and they will start piecing their lives together with a new financial plan and change in lifestyle. The divorce process is hard, but it’s also a way of clarity and security for proceeding.
Matrimonial division in Maryland is not so much about achieving perfect justice but rather about attaining a marriage dissolution framework that suits the unique nature of every marriage. Probably, these methods of understanding may be of court proceedings or even those of the alternative ways of resolving disputes in the site may help to enlighten the people to make proper decisions while initiating such new steps. Done in the right manner and with counsel, going through this motion can as well stand in as a new beginning