Divorce is painful. It’s not a surprise. An emotional break from the person you married and the ensuing rift in your family is bad enough. But divorce’s administrative and bureaucratic elements can make it even more of an emotional and mental headache.
But marriage isn’t just about the union of a relationship, it’s about the coming together of entire lives, which means your finances, assets, and properties become entwined and it can become difficult, or even vitriolic, to try and parse through them and divide them up when it’s time to end your marriage.
Having basic knowledge about property division on your side is an important first step.
Below is some important information on property division during a divorce, what to expect from the proceedings, and what questions you should have ready.
What kind of divorce are you going through?
Divorce is not as simply as a few signed papers. Sometimes one spouse may legally fight another for the right to even divorce. If you’re lucky, you’ll be dealing with an uncontested divorce. This is where both parties more or less amicably agree to end the marriage.
While there are discussions, most parameters of the divorce are decided upon and agreed to with minimal conversation and argument. This makes property division often as easy as a conversation and signed paperwork. But not all divorces are this way.
Contested divorces involve lawyers for both parties and disagreement on division of assets, property, and child custody. When going through this, things can become tricky.
What kind of property do you and your spouse own?
In a marriage, there are two types of property: separate property and community property. The former is the property you owned before marriage or gifts or inheritances you received during your marriage. These belong to a specific spouse and there’s no real legal precedent for the other spouse claiming them, depending on the state.
Community property is trickier. This means money in joint checking accounts or physical property like automobiles or real estate properties you purchased together during your marriage. This is what gets fought over during a divorce.
What is the division of property in your state?
The state where you are getting a divorce is going to have its own rules about how this knot should be untangled. You may live in a state where separate property goes back to the person who owned it pre-marriage or to whom it was legally gifted. This happens straight down the middle so both spouses get equal value. In other states, all property is subject to division and the division is not equal but equitable, meaning the spouse who needs more financial assistance will receive more property and assets.
Additional Questions
Can my spouse and I divide our property ourselves?
Generally, you can. As long as you’ve compiled lists and documentation and come to an agreement, a judge will sign off on the property division. However, if one spouse seems to be getting the shorter end of the deal, the judge will take a closer look to make sure the division of property was agreed to consciously and makes sense for both parties.
Do I need a divorce lawyer?
Like any legal situation, there’s nothing to say you can’t try to represent yourself. However, divorces are tricky and if your spouse is getting a lawyer, then you should too. Talk to divorce lawyer about your situation and get started on moving forward with your life!
The divorce and family lawyers at Rappleye & Rappleye P.C. in Jackson are trusted throughout Michigan. Our 60 years of experience ensures you will receive the advice, guidance, and family law expertise to help you through the process while protecting your rights.
Questions on divorce or a family law issue? Our experienced divorce attorneys are standing by to help you with your case beginning with a Free Consultation to evaluate your situation. Call today.