Aaron & Aaron, Attorneys at Law
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Factors used to determine how property is divided

Any couple that has divorced may have experienced the stress that is associated with the process. Not only may couples argue about whose fault the divorce is, but they may also find a number of other things to dispute about as well. Deciding how the property will be divided in the event of a divorce is something that some couples may have difficulty doing. There are many reasons why couples may dispute over property division, but that doesn't mean their reasoning is right, nor does it mean they will get the property that they are fighting over. In many cases when couples cannot agree on how to divide property, a judge will decide for them by using various factors.

The following are some of the factors judges look at when making a decision about property division:

  • Fault.
  • Length of marriage.
  • Each spouse's income.
  • Marital property's value.

Along with these factors, the judge may also use state laws to help them decide how to divide property. Once a judge has everything, they may choose to divide property in one of many ways, including evenly, unevenly or equitably. This division may not always be what each spouse was hoping for, as one may walk away with less than the other. For that reason, some couples choose to try to figure out how the property will be divided without the assistance of a judge.

If you and your spouse are considering getting a divorce, and you are anticipating an issue involving property division, an attorney may be able to assist. Some disputes cannot be resolved without help, but that doesn't mean it they can't be resolved. Attorneys are available to help, so people should take advantage of their assistance and try to put an end to their disputes.

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