Lawsuit for division of marital property after divorce

Divorce is always a difficult life stage, which, in addition to emotional stress, is often accompanied by the need to resolve the issue of the division of marital property.

During this process, it is important to consider all aspects and details that may affect the outcome.

In this text, we will look at the steps and important aspects of a claim for the division of property after a divorce, as well as the role of a lawyer in solving this case.

Where to write a claim for division of property of spouses after divorce?

One of the first steps in starting the property division process is determining where to file the lawsuit.

Usually, the action should be filed in the court responsible for family law matters or in the court that has jurisdiction over the place of residence of one of the spouses.

It is important to consider local laws and determine which court has jurisdiction in your particular case.

What should be indicated in the claim for the division of the property of the spouses after the dissolution of the marriage?

It is important to consider several key elements in a divorce action to ensure clarity, fairness, and efficiency of the process.

Below are the main items that can be included in such a claim:

1. Identification of parties and personal data.

• Full names, addresses, and other personal details of the parties, as well as details of the marriage, such as the date of marriage.

2. Instruction on dissolution of marriage.

• Indicate the fact of divorce and its date.

3. Property identification and description.

• List all assets and property to be divided, including real estate, cars, bank accounts, business partnerships, and more.
• Include details such as property addresses, make and year of cars, and bank account numbers.

4. Property documentation.

• Attach copies of documents proving ownership, such as real estate deeds, property division agreements, bank statements, and other relevant documents.

5. Property valuation.

• Include an estimate of the value of each asset, possibly with the help of an independent appraiser or certified appraisal documentation.

6. Basics for property division.

• State the reasons and circumstances on which your claim for property distribution is based. This may include a joint contribution to the property, financial contributions to the family, or other factors that you consider fair.

7. Demands to the court.

• Be clear about your property distribution requirements. This could be a specific fortune or the type of property you are asking to be distributed.

8. Request for a court decision.

• Include a request to the court for an order regarding the distribution of the property and possibly the appointment of an expert to appraise the property.

9. Demand for reimbursement of costs:

• If you spent money on the case, include a claim for attorney's fees and other related expenses.

10. Signature and date.

• Complete the claim with your personal signature and date.

How does a lawyer help?

The role of a lawyer in the division of property after a divorce is extremely important, as it covers not only the legal but also the stressful and emotional aspects.

An attorney can provide significant assistance in this process for numerous reasons.

A lawyer who specializes in divorce and property division has specialized knowledge of family law and procedural law.

He is able to correctly identify all the necessary details, analyze your specific case, and present it in a competent legal document - a lawsuit.

Taking into account all legal norms and court precedents, the lawyer creates a strategy aimed at the most beneficial result for the client.

For consultation or calculation of the price of a claim for the division of marital property after divorce - fill out the form below.