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How does your location affect property division in divorce?

Deciding to go ahead with divorce can be a difficult call to make. However much you and your spouse may have drifted apart, taking that final step can be daunting. Nevertheless, it is a fresh start for both of you and should be viewed as a positive move. Of course, once that decision is made, the next thing to think about is where to file for divorce. Many states require you to have been a resident for a certain amount of time before you can file a divorce within the state, so often the filing will take place in your home state even if you have recently moved out of state.

The reason it is so important to take this into consideration is that different states have separate approaches to property division. This means that if you and your partner cannot agree on how to divide your assets, the decision will be made by the court and based on state legislation. As such, it is important to know the rules of your home state and plan accordingly.

As is explained here, the two main approaches are community property and equitable distribution. The former generally results in any shared property being evenly divided between the two spouses. The latter method is a little more complicated as the proportion of property kept by one spouse is often related to their earnings. The aim is to divide the property fairly, which usually results in the higher-earning spouse being awarded more.

In South Carolina, property disputes during divorce are settled using the equitable distribution method. As such, it is important to know your rights and fight for your fair share. An attorney may be able to help you ensure that you secure the assets you deserve and reach an agreeable settlement with your spouse.

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Aaron & Aaron
133 Thomas Green Blvd, Suite 202
Clemson, SC 29631

Phone: 864-501-9579
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