There are a few different types of divorce proceedings, usually summed up by two terms: contested or uncontested. An uncontested divorce is when both parties in the marriage have agreed that the marriage has become unfixable and a divorce is necessary. In an uncontested divorce, the couple is also generally able to agree on many of the typical issues in a divorce, such as property distribution. In a contested divorce, however, at least one party has absolutely no interest in coming to an agreement of any sort regarding any terms of the divorce. Sometimes a contested divorce means the individual even contests the fact that a divorce is necessary. In these situations, the property settlement during divorce is usually handled by the court presiding over the case, and this can leave both parties in the divorce dissatisfied at the end of the process. Typically, states use one of two processes when dividing up marital assets.
Equitable Distribution States
In states that practice the equitable distribution of marital property, any property that is acquired through the course of the marriage along with property acquired by each party prior to the marriage may be divided by the court according to the state’s standards for the division of property.
- It is important to note here that the term equitable does not in fact mean equal, meaning that one of the parties in the divorce may receive property or assets from the marriage that he or she did not outright purchase.
- Some of the factors that contribute to a court’s decision when determining the property distribution are the contributions to the relationship that each party has made, whether financial or domestic.
- The equitable distribution of property also includes the equitable distribution of debt, so anyone involved in a divorce should fully understand the financial situation the parties are in.
Community Property States
In a community property state, all of the property that was acquired during the course of the marriage is considered divisible.
- Each party will typically retain any property he or she acquired prior to the marriage, provided the individual can provide the court with proof that the property was obtained prior to the marriage, or provided the other party doesn't contest the retention of the property
- In community property states, all marital property will be divided equally by value, meaning the amount of property each party receives may not be the same as the other, however each will end up with a total of 50 percent of the total worth of the property.
Getting Help
If you are involved in a contested divorce, you need a lawyer. Your attorney can help you to protect your rights during the property settlement as well as when other issues in the divorce are being decided.
