It is known that men usually get the short stick when it comes to a legal separation or a divorce. Working with a property division attorney at Whitham Law Group, we can help make sure you get a fair settlement.
During a divorce or legal separation, it is up to the separating couple on whether or not they would like to agree on the division of their assets and property. If a decision is not or cannot be reached by both parties, then a judge will decide how the assets will be divided.
Process for Division of Property
If it is left to the court to decide how property is divided between the individuals, the court will first determine separate property. Separate property includes:
- Property that was obtained by an individual prior to marriage or after legal separation
- Property obtained by a gift or inheritance
- Property excluded by marital estate by agreement between spouses
After the court has determined what is separate property between the two individuals, they will then determine what is marital property. This type of property is any property that was obtained during marriage. The marital property will then be divided between the spouses in a way the court believes is fair depending on these factors:
- Each spouses contribution to the marital property (including the contribution of spouse as a homemaker)
- Value of property set aside by each spouse
- Economic status of each spouse post divorce
- Increases and decreases of the value of separate property obtained during the marriage