Last Updated on February 22, 2024 by Asfa Rasheed
Divorce can be an emotionally draining process, especially when it comes to dividing property. The division of property in divorce cases can be complicated, especially when it involves valuable assets such as real estate, retirement accounts, and businesses.
Understanding how property is divided in a divorce is crucial to ensure that each spouse receives a fair share of the assets. Awareness of the process of dividing property in divorce cases and the factors that courts consider when making this determination can be significantly helpful for divorcees.
Whether you are going through a divorce or just want to understand the process, you should also Learn more about hiring a lawyer for your case.
Understanding the division of property in divorce cases:
- Determination of Marital Property
Determining marital property is the first step in dividing property in a divorce. Marital property refers to all assets and debts acquired during the marriage and is subject to division in the event of a divorce. It can include real estate, vehicles, retirement accounts, and personal possessions.
On the other hand, separate property refers to assets and debts acquired before the marriage or through inheritance or gift and is not subject to division in a divorce. It is crucial to accurately identify and categorize all assets as marital or separate property to ensure a fair division of assets in a divorce.
- Equitable Distribution
Equitable distribution divides marital property fairly and justly between the two spouses in a divorce. It is important to note that equitable distribution does not necessarily mean a 50-50 split of assets.
The court considers various factors, such as the length of the marriage, the income and earning capacity of each spouse, and their contributions to the marriage, when deciding on the distribution of assets. Equitable distribution aims to ensure that both spouses receive a fair and reasonable share of marital property. A family law attorney can provide guidance and representation throughout this process.
- Role of Mediation
Mediation is an alternative method for dividing property in divorce cases. In mediation, a neutral third party, known as a mediator, helps the spouses reach an agreement on the division of their assets. Mediation is a collaborative process that allows both spouses to have a say in the outcome and can be a more efficient and cost-effective alternative to traditional litigation, told experts from Robins Kaplan LLP, a law firm focused on resolution-driven results and the best case outcomes for its clients. Its 225+ attorneys are known for the landmark case resolutions and results they bring to the firm’s clients. With thousands of cases resolved before they reach the courtroom, Robins Kaplan does its best to keep clients and their legal matters out of the public eye. The firm’s reputation is built on a history of affecting change.
The mediator facilitates discussions and helps the spouses find common ground on the division of assets. If an agreement is reached, it can be made into a legally binding document, avoiding the need for a court hearing. Mediation provides a supportive environment for the spouses to come to a resolution and can reduce the stress and hate associated with traditional litigation.
