Property Division Throughout the States

One of the primary components of a divorce proceeding is property division. While it is best for both parties to divide the property without the help of a judge, that is not always possible. In cases where mediation fails, a judge will be asked to make the final decision regarding property division. Depending on what state you file for divorce in, you will be asked to divide your property in one of two ways: equitable distribution or community property. There are 10 states that use community property to decide division of assets. It is a simple concept - any property/assets acquired during a marriage will be split equally between both parties. Any property that does not fall under the category of community property will be kept by each party.

In the rest of the states, property/assets will be divided on an equitable basis. There are several guidelines for determining equitable distribution and they often rely on the length of the marriage and how each party contributed to the finances of the relationship. If you are wondering how your property will be divided during your divorce, take the time to consult a family law attorney in your area.