legal advice

Divorce is the end of marital relationship between two people and the unification of their assets. Assets that are acquired before and during the marriage are entitled to a division between the spouses, depending on the Laws of the state. Certain assets are protected by a Prenuptial Agreement. For example, if the husband owns a mansion before the marriage, he is entitled to keep the mansion after divorce under the terms of the prenuptial agreement.
In case in the absence of a Prenuptial Agreement, the proceeds from the sale of the mansion are divided between the couple. Parties generally divide the proceedings equally. However, in some states, the court declares the share, which may or may not be equal. There are a number of factors that determine the share of one spouse like span of the marriage, conduct of marriage, contribution toward acquiring of assets, education of children, health, age, income, etc. Couples filing for a divorce may seek legal assistance from Lawyers or Attorneys. Attorneys guide their clients by identifying and valuing their assets. Hence, accordingly negotiating and litigation take place.
The most important asset owned by a couple is their own home. Whether the property is owned by one of the spouses or jointly, the first priority is to provide children with a home. A sale of the property and a division of the sale proceeds may be necessary to meet their requirements. The ideal solution would be to provide the children with a new home if there are sufficient funds available. In other case where there are no sufficient funds, the first priority is to provide children with a secure shelter, more often than not with their mother. The court feels that it could be unfair to deprive the husband of his capital in the long term and has a wide discretion to make whatever order it thinks to be the best.