For married couples who decide to pursue a divorce, one of the most important considerations to take into account is how property will be divided between both spouses. Because most couples have accumulated a considerable number of possessions during their time together, it can sometimes be difficult to determine who exactly should get what. However, effectively dividing this property is critical to ensuring a successful divorce settlement.
In some cases, a couple considering divorce can simply divide their assets between each other through mutual agreement. However, if bitterness should develop later on in the process, these agreements aren’t legally enforceable and may leave one spouse vulnerable to exploitation.
Mediated divorces are another, more legally secure way for a divorcing couple to achieve division of marital property on their own terms. In mediated divorce, both parties will work with a third-party mediator to reach an agreement about property division which is satisfactory to each spouse. These agreements do typically have the force of law behind them, and therefore both spouses can feel more secure in their decision.
Many divorce, unfortunately, involve considerable acrimony between the two parties, and in these cases, reaching a mutual agreement about property division is usually impossible. Therefore, it is often necessary to take the issue to a court, where it will be decided regardless of what either side wants. In most states, marital property is divided as equitably as possible, although this does not by any means imply that it will be divided equally. Rather, the positions of both sides will be taken into account to determine who should receive what. Because of the considerable impact that this element of a divorce proceeding can have on an individual’s life, it is important to have the qualified assistance of a knowledgeable divorce lawyer in this type of situation.