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Equitable Distribution
In most states, courts use the equitable
distribution method for dividing marital
property among spouses. Property
includes both assets and debts. Using
this method, the courts will divide the
property in a fair and equitable
manner. In determining equal
distribution, the financial situations
both spouses will be in after the
marriage are taken into account.
In order to determine what is equitable,
the courts will factor in some, if not
all, of the following questions:
·
How long did the marriage last?
·
Which spouse provided for the children
during the marriage?
·
Who is getting custody of the children
and who is to provide for them
financially?
·
Did one spouse earn more than the other
or was there equal earning power?
·
Did one spouse obtain all of the
property on their own?
·
Is one spouses separate property worth
more than the other spouse?
·
What are the ages of the spouses and are
they in good health?
·
Was there marital infidelity or spousal
abuse?
Go BackDivisions of Property Topics: (click on each for description)
Community Property Distribution
Documentation Needed for Property
Division
Child Custody When
parents are resolving custody situations
they have two routes they can take:
battle it out in the courts or work
together to come up with a custody
agreement
read more..
Division of Property An
important divorce issue is how property
and debts are to be divided. This can
be done by the agreement of the parties
and their lawyers or by a judge who may
order how the property is to be
divided. read
more..
The Divorce
Process The
first step of divorce, the decision to
get divorced, is often the most
difficult step to take. It is important
for you to realize that you have control
over many aspects of the divorce process
and that there are trained lawyers who
can help
read more..
