How do Courts Divide Property in Divorce? – A divorce, even an amicable one, is going to have its fair share of tricky details at every part of the process. One of the trickiest parts of the process is how the distribution of assets from the marriage are distributed between the two parties. Some things may be simpler than others to determine, but in certain situations, others may prove to be significantly more contentious. The question stands: how do courts determine how property is divided in divorce?
The differences between a contested and uncontested divorce
One of the first things that makes division of property a complicated process is the fact that different states handle the divorce process differently than others. In an uncontested divorce, there is not much to worry about as far as property division goes. In an uncontested divorce, the two people are responsible for determining what person should get what property. This is typically going to be an equitable distribution, ensuring that when both parties exit the relationship, they are taken care of as much as they can be. Going with an uncontested divorce does a world of good to help not only reduce costs, but also make it a less stressful situation than it could be. This is especially good if there are children involved; not only does it keep their levels of stress low, but it also ensures that they will have a relatively happy and healthy relationship with both parents.
If you are in a contested divorce, you may need to look up advice specific to your state, like looking up ‘Colorado divorce advice.
When things cannot be settled amicably, however, that is where a contested divorce comes into play, and in turn, this is when courts become responsible for determining who gets what. Whether it is over property, children, and ongoing support from one party to the other, these can get a little heated and personal for certain. Whether you go with a contested or uncontested divorce will require you to decide what concessions you are willing to make with your soon-to-be ex-partner. If your spouse is being reasonable, and being willing to make certain concessions for you, then going with an uncontested divorce is probably the best route for both of you. However, it is still important that you have a good idea of what the property is work, such that you do not wind up getting a disproportionately low percentage of the value for what you get in the end. However, if your spouse is trying to demand the moon from you, this is likely going to be just cause to go with a contested divorce. When you do ultimately decide on the distribution of assets, if you are actually going through family court for your divorce, the court will be asked to examine the distribution and approve or deny it. They are more likely to approve it, but if they spot issues, they may be inclined to intervene. For example, if one partner seems to be getting significantly less back, the court may question whether this is a mutual desire.
What is the process the court uses to divide property in divorce?
Depending on the state in which you and your spouse reside, the court’s distribution process is going to vary. There are two kinds of state processes that you may encounter. The first is called community property states, and the second is called equitable distribution states. A community property state regards property in a marriage in two ways. The first is called community property, while the second is called separate property. In the divorce, the community property is what is divided, while the separate property is not considered as part of this process. Equitable distribution, however, does not have this distinction. These kinds of states consider less about distributing things equally and more about distributing things equitably. Equitable distribution is going to be done with the goal of ensuring that each spouse has what they need, as well as ensure that they can continue to lead their normal lives as best they can, especially if both parties have some degree of custody over their children.
In a divorce, it is not at all uncommon for one spouse to have made an outsized financial contribution to the marriage, both in terms of financial assets and property assets. This is due to a common dynamic of one person in the marriage being the breadwinner, while the other was expected to take care of the house. This ultimately means that, when on their own, the former will have financial stability, while the latter is thrown to the wolves without support or opportunity. This is also a common reason why one spouse may be expected to be given some kind of ongoing support, either for spousal support or child support. As a result, in an equitable distribution of assets, the distribution takes into account that one person is going to have more difficulty achieving financial mobility than the other, and a competent lawyer will work hard to make that clear to the court. Make sure that you get the help of a skilled divorce attorney so that you can ensure that you have such a lawyer in your corn
