Divorce Attorneys - Trial Lawyers

"Marital Property" is term of legal art when used by divorce attorneys. The acceptable definition in most courts includes far more than homes, vehicles and physical assets. Intangible rights, causes of action, stock options and potential liability must also be considered. And these items are merely the beginning of property considered by divorce attorneys. Many other legal entitlements and obligations may also add, or detract, from total net value.

How divorce attorneys divide causes of action

A pending cause of action is an unliquidated, intangible asset. Causes of action may be subject to cross-claims, counter-claims, offsets, and expenses required for collection. Liability is most often disputed and may take years to resolve through litigation. Clearly, the net value today of a pending cause of action is rarely know with any degree of certainty, yet must be appraised and divided by divorce attorneys while the court maintains jurisdiction. Ordinarily, when a cause of action is included within the marital estate, divorce attorneys consult the attorney(s) pursuing pending claims. If no attorney represents the couple in a pending claim, a divorce attorney must nevertheless retain qualified counsel to insure equitable division of claims that have significant value. For more information, see:

See also: divorce attorneys, divorce attorney questions, divorce attorney ethics