- 1). Retain a domestic relations attorney licensed to practice in your jurisdiction. Marital property and debt division is a highly technical area of the law in any state and carries significant implications for a party's current and future financial condition. Just as surgery should be left to doctors, parties should not attempt to tackle complex issues of marital property division without the assistance of a licensed attorney.
- 2). Achieve a clear picture of the size and nature of the marital estate and provide an accounting of all assets and debts, real and potential, to your attorney. The settlement proceeds from an injury or worker's compensation case may constitute marital property in whole or in part, but they still constitute only one of the marriage's assets; they should be divided in conjunction with other assets and debts.
- 3). Attempt to settle your case out of court after obtaining the advice of an attorney licensed to practice in your state. Once you are aware of your marital property rights under the law of your state, you can negotiate from a position of knowledge and security. Be willing to trade debts and assets, including the injury or worker's compensation settlement, in order to achieve a fair division of the total estate. Lawyers charge more money to pursue cases through court. If it is possible to settle your case without filing a lawsuit you will save a great deal of money by doing so. Have an attorney draft your settlement into a valid separation and property settlement agreement.
- 4). Prepare for court if your spouse refuses to enter into a fair settlement agreement. In an action to divide marital property and debt you will need to assemble tax returns, pay stubs, bank statements, credit card and other financial account statements, titles, deeds and appraisals.
- 5). Bring the documents you have collected and organized to your attorney's office; proceed to court. Make sure you do this within the applicable time specified by law; many states bar an action for marital property and debt division after the entry of a divorce decree. If you wait too long you may find yourself without a case.
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