Most divorces follow one of two paths. Sometimes, spouses agree about key matters. They may have signed a prenuptial agreement years ago or may have reached an agreement after they decided to file. Those couples can pursue uncontested divorces. They present the courts with information about their agreements with one another, and the courts add those terms to the final divorce orders for the family.
Other times, spouses do not agree on what is fair or appropriate. They may fight over parenting matters and property division issues. If they cannot resolve their disagreements, then the matter usually goes in front of a family law judge. These contested or litigated divorces tend to take much longer to resolve.
The longer timeline is partially due to the requirement that a judge must review the situation and decide how to handle disagreements between the spouses. When disputes relate to property division, there are clear standards enshrined in state law and judicial precedent to guide a judge’s decisions.
How do judges generally divide marital property when spouses don’t agree about what should happen?
The goal is an equitable solution
State law requires an equitable or fair division of property. What constitutes fair can be vastly different from one case to the next. Judges may reach different conclusions in cases where two professionals divorce due to irreconcilable differences as opposed to a scenario where a wage-earning spouse files for divorce because a stay-at-home parent has cancer.
Judges look at factors including the length of the marriage and the contributions that each spouse made to the household. They also look at earning potential and separate property, as well as the standard of living throughout the marriage. Ultimately, the goal is to divide property and debts in a manner that is reasonable and fair based on unique circumstances.
Judges can award property to either spouse and make them responsible for certain debts. They can even order the liquidation of marital property in certain scenarios. It can be very difficult to predict exactly how a judge might split the marital estate when couples divorce. In cases involving complex resources, such as businesses, or highly unusual circumstances, spouses may find that working together leads to a more reasonable outcome than litigating.
Reviewing a basic inventory of assets with a skilled legal team can help people establish realistic goals and plan for the upcoming divorce process. People who understand the basics of equitable property distribution can recognize what terms are reasonable and when litigation might be necessary due to a spouse’s unrealistic demands.