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How will our assets be divided?
The law in this area depends on the state in which
you live. In
equitable distribution states, the court considers a variety
of factors,
possibly including contribution to the acquisition or improvement of
particular pieces of property, to determine how to fairly divide assets.
Some of these states treat particular types of property, such as gifts
and inheritances, differently than other property acquired during the
marriage. In short-term marriages, the goal may be to put the parties
back into the position they were in at the time of the marriage. In
community property states, the theory of property distribution
is that
all of the property owned by the two spouses belongs to both spouses
equally. Only a few states use the community property system.
No matter what the state of the law of your particular
state, an
experienced lawyer can tell you how judges generally divide marital
property there. Knowing the likely decisions of your judge can
contribute to the likelihood that you and your spouse can agree
on the distribution of property in your case, so make sure to
address this issue with your lawyer.
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The information contained
on this website is intended to be of a general
nature, and may not address the specific circumstances of a given divorce
case. For specific advice, please contact a local attorney or other appropriate
professional. The provision of information on this website is not intended
to
violate any state or local law or regulation regarding the practice of
law.
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