Who Gets The House In A Divorce In Alabama?

Who Gets The House In A Divorce In Alabama
It’s possible that going through a divorce can make you feel as though your entire life has been turned upside down and that nothing will ever be the same again. Because of the emotional ties that many individuals have to their houses, they are quite concerned about the prospect of being forced to relocate as a consequence of the divorce.

People have numerous reasons for wanting to maintain their house, even if it does not feel like a safe place to anchor themselves during turbulent times. People have many reasons for wanting to keep their home. People typically continue to raise children from previous relationships in their married home, and they wish to maintain as much consistency and stability in their lives as possible for the sake of their children even while they go through significant life transitions.

Others could be taking care of animals on the property, or they might have a company that is located on the premises that they want to make sure is secure. It is the most natural thing in the world to want to keep the home that you have built for yourself, regardless of the reasons behind this desire.

  • The question now is how the judge chooses which party gets to keep the house.
  • Establishing the Market Value of the Property The first thing you need to do in this process, regardless of what you will ultimately decide to do with the house you and your spouse bought together, is to find out how much it is worth.

Performing a market value evaluation is typically the simplest method for accomplishing this goal. At this point, the only component that might prove challenging is reaching a consensus on the property’s value between you and your spouse. You have the option of jointly appointing an experienced appraiser or asking the court to do so on your behalf if you are unable to reach an agreement with the other party over the worth of the house.

It is critical that you ascertain the worth of your property since, in the event that it is ultimately sold, the proceeds from the sale will be divided equally between you and your husband. If just one partner stays in the house, the other partner may be entitled to financial compensation for their portion of the equity in the property.

Ensure that the Dream of Homeownership is Not Unattainable. People have a tendency to become so emotionally tied to the concept of preserving their house that they are unable to accurately and objectively analyze what it would cost financially to preserve it.

  1. This occurs much too frequently.
  2. You might be surprised to find out how tough it is to finance the property taxes, mortgage payments, and maintenance expenditures as a single person living on a single wage, even if you have been residing in the same house for the past twenty years.
  3. Before making a decision about what you want to do, it is important to first do a thorough and forthright analysis of the finances, and if required, discuss your options with a financial professional.

How does the court decide which party will be awarded the house? The courts in Alabama usually give preference to the spouses making their own decisions on who receives the house and any other marital assets. If the couple in question is unable to reach a conclusion on their own or with the assistance of their attorneys, the court will step in and make the choice for them.

For this reason, it is always to everyone’s advantage to come to a mutual arrangement with your spouse prior to going to court if it is at all feasible to do so. At this point, you and the other person will have the most influence on the result. After then, the decision is going to be left up to the discretion of the court.

The court may take into consideration a number of factors when deciding which spouse will get the house. These factors include: whether the home was initially purchased as a shared home or was purchased independently by one of the spouses; the financial status of each spouse and their ability to pay for the house’s expenses and upkeep; which spouse has primary custody of the children; the value of the home; infidelity on the part of either spouse during the marriage that led to the divorce; and the mental anguish suffered by either spouse.

In Alabama, the question of whose parent is primarily responsible for rearing the children is frequently decisive. The courts take into consideration what is in the kid’s best interest, including the fact that it is in their best interest for them to remain in the same home environment and school district even if it means giving the house to the parent who does not have custody of the child.

Having said that, this is not an ironclad rule, and there are invariably going to be exceptions. If there is not an overriding cause for one party or the other to have the property, the court will frequently choose the strategy of “selling the home and dividing the earnings” on a marital dwelling.

  1. This is done in the event that there is no compelling justification for either party to have the home.
  2. When there is a debate over the worth of the property OR who should receive the home, it is a straightforward strategy from their point of view to take this method.
  3. When you have a strong view about the resolution of this particular issue, one strategy that you should consider doing is to try to work it out with your spouse.

This is one of the reasons why this is the superior option. Talk to an Alabama Divorce Lawyer Peeples Law has a team of highly experienced divorce lawyers in Birmingham, and you should chat to one of them if you are thinking about getting a divorce. We are prepared to advocate on your behalf with passion and are committed to ensuring that you receive the equitable divorce settlement that you are entitled to as well as the most favorable outcome for your family.

Can a judge make you sell your house in a divorce Alabama?

This is a common question that people ask us when they are going through a divorce. And the answer to that question in a nutshell is “yes.” Due to the fact that the court has the right to transfer property from one spouse to another or to order property sold as part of the process of dissolving a marriage, it has the power to compel you to sell your house.

In most cases, one of these two approaches is taken. First, the court has the authority to make property orders, which may include the sale or transfer of real estate, in the event that the parties are unable to reach an agreement over the terms of their divorce and a trial is necessary. After a divorce, the orders of the court regarding the division of property are considered final and, barring a successful challenge to those orders, they must be obeyed and cannot be altered.

Case law really provides that if the home is ordered to be sold, the parties cannot subsequently agree that one of the parties would purchase it from the other (!). If the house is ordered to be sold, the parties cannot agree that one of the parties will buy it from the other.

Second, if the parties are able to reach an agreement with the house, or if the court makes orders concerning the house, and such orders include conditions that might result in a subsequent order of sale. When one party is going to live in the house or even buy the house, but the other party still has an interest in the house, this is typically the scenario that plays out.

Either money that is owing for a portion of the equity or the fact that they are still on the mortgage might be considered the interest. In situations like these, it is common practice to provide the person currently residing in the home an allotted length of time to either pay off the other party’s portion of the debt or refinance the mortgage in order to remove the other party’s name from the loan, or both.

The court will often maintain jurisdiction (authority) over the property so that a sale of the property can be ordered in the event that the person living in the house does not do what they are required to do (pay the mortgage, pay the taxes, make the pay-off, or refinance). When a court is making a judgment after a trial, the parties have little involvement about the specifics of the orders.

On the other hand, when they are going with an uncontested divorce agreement, the parties have full power. When it comes to putting the finishing touches on a divorce settlement, it is of the utmost importance to be as explicit as possible on what will happen with the residence.

  • It is quite helpful to include contingency phrases so that if one plan does not happen, everyone is aware of what the subsequent step is or the consequence that will occur.
  • Even the language about the listing and sale of the residence should be as detailed as possible.
  • It is not sufficient to simply declare that the residence will be sold.
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The following are some of the topics that need to be discussed: What criteria will be used to select the listing agent? When is it necessary? Who will serve as the main point of contact? When will it be necessary to consult the parties who are getting a divorce? When and how will there be a discount applied to the price? Who exactly is going to be in charge of the showings? These are only few instances among many others.

  1. It is always a good idea, even if you are doing everything on your own without the aid of attorneys, to have an experienced divorce attorney look through your agreement and provide input on it.
  2. Attorneys that have expertise in family law are aware of the majority of the potential issues and can provide helpful insight into proposed language for your agreement addressing your property if they have that knowledge.

Again, once the judge has accepted your agreement and it has been converted into an order of the court, it cannot be modified after that point. Family Lawyers covering the entirety of Fairfield and New Haven Counties, with a primary office in Danbury, Connecticut.

What does wife get in divorce Alabama?

Which belongings and obligations will be subject to the division? When a married couple in Alabama decides to divorce, their belongings, including their money, property, and other assets, are separated into two categories: separate property and marital property.

  1. In general, whatever that each spouse held before they were married is considered separate property, even if there are definite exceptions to this rule in rare situations.
  2. In the event of a divorce in the state of Alabama, it is common practice for each spouse to retain ownership of his or her own distinct property.

On the other hand, marital property is typically defined as any assets that either spouse earned, developed, acquired, or otherwise received while they were married. This can include anything from a car to a house to a business. Property that was acquired by either spouse over the course of the marriage is considered to be marital property.

Does the wife get half in a divorce in Alabama?

Even if there are some divorces that are uncomplicated, straightforward, and simple to arrange, there are also going to be others that are more difficult. Divorces in which one or both spouses have ownership in a business are likely to be quite difficult due to the fact that the marital property laws in Alabama may provide the spouse who does not own the firm the rights to some assets owned by the business.

  1. What steps should you take if you run a business and are going through a divorce at the same time? Call Coumanis & York at 251-990-3083 to set up a consultation and get more individualized guidance after learning more about the possibilities that are available to you.
  2. How Property Is Divided in the State of Alabama It is essential that you have a solid understanding of the rules of property division in Alabama before you can make any educated guesses about the future of your company in the event of a divorce.

The state of Alabama is not a community property state, which means that a married couple’s assets are not automatically shared equally. Because Alabama is an equitable distribution state, its laws require that any assets acquired during the marriage or utilized for the benefit of the marriage be divided in a manner that is both fair and equitable.

When other considerations, such as those listed below, are taken into account, the result is not always exactly 50 percent either way. The money earned by each partner The potential for profit realized by each partner Current holdings of assets The state of health of both partners Those who have made contributions to the family In Alabama, the division of property upon a divorce is determined by these and a number of other variables.

After a divorce, an individual is entitled to retain ownership of their own assets, which generally comprise those obtained before the marriage. The principle of equitable distribution applies to the allocation of marital assets, which include those gained during the marriage as well as those used for the benefit of both parties.

Is a Business Someone’s Personal Asset or a Community One? The answer to the question of whether or not a firm should be divided depends heavily on whether or not it is seen as an individual asset or a common asset. In order for a firm to be considered an individual asset, it must be owned and managed solely by one of the partners in a married couple.

It is not allowed that the money from the business was used to enrich the marriage, nor is it allowed that the other partner assisted in the operation or growth of the firm. Because of how uncommon this configuration is, enterprises are typically seen as assets that belong to the married couple.

  • During the course of your marriage, it is possible that your company may be subject to a division of some kind.
  • How Property and Debts Will Be Divided in Your Divorce Because Alabama law does not mandate that marital property be divided 50/50 in the event of a divorce, the manner in which property and debts are divided in the context of a divorce will look somewhat different from case to case.

If you were concerned about having to compensate your business partner for their participation in the company or about giving up some of the ownership in the company, this is excellent news for you. If your spouse has a significantly less amount of assets than you have and a restricted income, you may be required to give up a considerable share of your assets in order to keep the distribution of assets equal.

  1. However, you have the ability to bargain in a way that will allow you to maintain control of your company.
  2. A Fair Divorce Settlement Requires Compromise Reaching a fair divorce settlement requires reaching a compromise, and reaching a compromise is especially critical when a business is at issue in the divorce.

The first step is to take stock of your resources and determine what you are willing to part with. If maintaining control of your firm is one of your highest priorities, what concessions are you prepared to make to your former business partner in order to guarantee that you will continue to own the company? In most cases, the non-managing partner in a firm will get their portion of the company’s profits in the form of cash.

  • It is quite uncommon for a former business partner to express interest in playing any role in the management or ownership of the company.
  • At this point, it might be beneficial to discuss some potential courses of action with your attorney.
  • If your former business partner has a restricted income and wants to be paid out for their portion of the firm, what other options do you have to address this demand without risking the loss of your company? It’s possible that you’ll have to settle for greater alimony payments, payments that last for a longer period of time, the loss of another asset, or the sale of a piece of real estate.

You Deserve Reliable Representation to Guide You Through Your Divorce Because every divorce is different, you deserve to have reliable representation to guide you through the process of getting a divorce. At Coumanis & York, we have assisted a great number of clients in negotiating a reasonable divorce settlement and getting ready for the next phase of their lives.

How is marital property divided in Alabama?

What does it mean to have an equitable distribution? As contrast to being a state that follows the model of communal property, Alabama follows the model of fair distribution. This implies that the property and debts that were accumulated during the marriage will be divided between the parties in a manner that is as equal and fair as possible.

  1. However, equitable does not mean equal.
  2. This is a mistake that many people make.
  3. When choosing how to divide the property, the court will typically not divide it equally and will instead take into account a wide range of considerations.
  4. The law does not specify a hard and fast rule on the manner in which the property must be split in situations like these.

Instead, a large degree of discretion is granted to the trial court in order to determine what constitutes an equitable distribution. It is important to have an experienced divorce attorney on your side throughout this process because whatever the judge decides is typically not disturbed on appeal unless the appealing party can prove clear abuse of judicial discretion or an error in law.

Because of this, it is important to have a knowledgeable divorce attorney on your side. The following are some of the considerations that the court will take into account when considering how to split the debts and assets: Standard of living during the marriage Length of the marriage Age and health of each spouse Whether one parent provided services as a wage earner, parent, or homemaker Type, course, and value of property Any relevant tax consequences of distributing the property Individual needs of each spouse, including the present and future earning potential Alternative sources of income (such as retirement b) (if the marriage is filed on fault-based grounds) It is essential to keep in mind that just because one spouse held property previous to the marriage does not automatically guarantee that that spouse will walk away with it once the marriage is over.

Even if the judge decides to give that residence a larger share of the total value, it will very certainly be regarded as part of the couple’s shared marital property, the value of which will be subject to distribution.

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How long does alimony last in Alabama?

There is a time limit on receiving periodic alimony. As a general rule, you are not permitted to get periodic alimony for a longer length of time than the duration of your marriage. The only exceptions to this rule are as follows: If the judge determines that it is essential to depart from that time restriction, or if the couple was married for more than 20 years. (Ala. Code § 30-2-57 (2022).)

How long do you have to be married to get half of 401k in Alabama?

Law in Alabama – According to Alabama law 30-2-51, a judge has the discretion to include the present value of any future retirement accounts or benefits that one spouse has a vested interest in or is currently receiving if certain conditions have been met.

Some of these conditions include the following: The parties to the divorce have been married for a minimum of ten years during the time period in which the retirement plan or benefits were being accrued; nonetheless, they have decided to end their marriage. Plans for retirement or benefits that were obtained previous to the marriage are not subject to split in the event of a divorce, and neither are any interest or appreciation of benefits that may have been collected on such accounts during the marriage; and The amount of the retirement plan or benefits that are given to the spouse who is not covered by the plan cannot be more than fifty percent of the total retirement account or benefits that are being taken into consideration by the court.

In other words, retirement funds and benefits are divisible in the state of Alabama if the couple has been married for at least ten years and the account was not maxed prior to the marriage. If you satisfy those conditions, the court has the authority to provide the spouse who filed the request for a split of the retirement account and/or benefits an award of up to fifty percent of the account’s or benefits’ accumulated value.

Is Alabama A 50/50 child custody state?

When determining custody, the courts take into account the following factors: In Alabama, family courts almost never (if ever) allocate physical possession evenly between both parties. Instead, the court will take into consideration a variety of different aspects before coming to a conclusion on which schedule would be in the child’s best interest.

  1. These factors are as follows: The children are listed with their ages and genders.
  2. The majority of states have moved away from including gender as an essential factor in their decisions, but Alabama is still one of the few that does so.
  3. The specific qualities and requirements of the kid, which may include their psychological, social, moral, educational, and material requirements, among others.

whether or not each parent has the means to meet those demands and is interested in doing so. the atmosphere present in each of the parents’ homes. Current living circumstances, as well as whether or not the youngster would find a change in those arrangements to be unduly upsetting.

the parents’ ages, the stability of their living situations, their personalities, their physical and mental health, and how well they are mentally healthy. the intimate connection that exists between each parent and their respective child(ren). The choice of the youngster, if they are old enough to be able to articulate one.

This list is by no means comprehensive in any way. Fights for child custody that are contentious often necessitate the use of expert witnesses, such as social workers or child psychologists, who can provide findings or recommendations. A court may be more likely to severely restrict one parent’s custody rights if that parent has a history of substance addiction, a history of criminal behavior, or a history of violence against the other parent in the home.

How is debt divided in a divorce in Alabama?

When there are significant assets involved in a divorce, debt plays a very different role than it does in a typical divorce. Instead of using debt as a means of subsistence, high-asset couples frequently employ it as a method of financial leverage. On the other hand, this feature might also make it a great deal more challenging to divide up debt in the event of a divorce.

  • We are here to assist you in the event that you are worried about the potential impact of your debt as well as the debt of your former spouse on the divorce process.
  • To book a consultation, please give Kirk Drennan Law a call at (205) 803-3500.
  • Debt and Asset Division In Alabama, both assets and liabilities are distributed in a fair and equal manner.

This indicates that the debt is not split up equally between the two parties but rather in a manner that is equitable to both of them. The following are examples of factors that influence how debt is divided: Who is responsible for the debt? The reasons that led to the couple’s decision to divorce.

The amount of money and property owned by each party The potential for profit made by each side The amount of taxation that is borne by each individual Because of the equitable nature of the debt distribution, you and your ex-spouse have a great deal of latitude in determining how to proceed with this aspect of the divorce.

The Different Types of Debt That Exist in Alabama In Alabama, any debt that is not regarded to be in its own category is split apart. For instance, if one partner enters into the marriage with a total of $40,000 in student loans, it is quite unlikely that this amount will be split.

Whoever brought it into the marriage gets to keep possession of it after the wedding. Other debts, such as the following, would also be divided: Charge or credit cards. This includes credit cards held in the name of a single individual. It is possible that the accrued debt will be split between the two parties if the credit card was used for both of them or for the benefit of the marriage.

Tax debt. If you and your ex-partner have tax debts that have not been paid, it is possible that both of you may be held liable for paying the sum that is owed. Student loans obtained during marriage. It is possible to divide the whole amount of student loans that have been accrued throughout the marriage by either party.

Medical debt. In many cases, the burden for paying medical costs falls on both partners. Personal loans. Personal loans taken out to make smaller purchases or pay off existing debts are sometimes seen as jointly being the obligation of both couples. Real estate. A significant number of couples with substantial assets have real estate debt in addition to the mortgage on their principal residence.

If you have vacation homes or rental properties after the divorce, the person who ends up with the responsibility for the debt is the one who keeps the property. Unbeknownst to You Financial Obligations One further thing to think about is the part that played by the debt that you were unaware of.

Unfortunately, this is a rather typical occurrence after the dissolution of a marriage. When one spouse racks up a number of gambling debts, embarks on a spending binge using credit cards that were previously unused, or takes out a line of credit on the house, the other couple may find themselves in financial difficulty.

Sadly, even if you were unaware of the debt that your spouse racked up, you might still be held accountable for a portion of it in the event that you and your partner decide to divorce. This is a murky topic in the divorce process, and you should have an in-depth conversation about it with your lawyer.

You should not be required, from a moral standpoint, to use the years after your divorce to pay for the personal debts of your ex-spouse. However, in order to clear your name of their obligations from a legal standpoint, you could be required to reach a settlement. The Difficulties That Can Arise When Collecting a Debt When you are getting ready for the discussions, there is one more thing you need to worry about, and that is how creditors see divorce decisions.

Some creditors will abide by the conditions of the divorce decision and just go after the identified spouse for payment of the debt, while others may seek both parties for payment. As long as both parties continue to honor the terms of the debt payment agreement and do not default on the loan, this is not often an issue.

  1. On the other hand, the impacts of the divorce might be prolonged if one of the partners is prone to skipping payments or is nasty enough to intentionally miss payments in order to damage the other person.
  2. The same thing happens in the event that one of the parties is going to be dependent on their credit score following the divorce.
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Even if the other party is ultimately accountable for the debt, it is quite probable that the debt will remain on the responsible party’s credit record, which will make it more difficult for them to open new lines of credit. Keeping Yourself Safe During the Process of Getting a Divorce When it comes to achieving what you want out of the allocation of debt, there is no single strategy that can be applied universally.

You will not necessarily be held liable for the financial obligations of your ex-partner, but neither will you necessarily emerge unhurt from the situation. If you want to get out of this situation with less debt, you might have to make some concessions and part with some of your other assets. Discover the Many Ways in Which Kirk Drennan Law Can Assist You.

You should choose an experienced attorney to protect your interests during the contentious process of negotiating the terms of your divorce. At Kirk Drennan Law, we handle difficult situations involving divorce and argue on our clients’ behalf at every stage of the process.

How long do you have to be separated in Alabama to get a divorce?

When the wife has lived separate and apart from the husband without any financial support for a period of two years prior to filing for divorce and the wife has resided in Alabama during that time; 1 or When the wife has lived separate and apart from the husband without any financial support for two years prior to filing for divorce; 2.

How does adultery affect divorce in Alabama?

The state of Alabama does not consider adultery to be a criminal offense, despite the fact that the state does technically have a law that criminalizes the act of “adultery,” which makes sexual actions unlawful if at least one participant is married to another person.

However, ever since the United States Supreme Court ruled that sodomy laws were unconstitutional in the case Lawrence v. Texas in 2003, it has been widely assumed that any law punishing sexual acts within the home between consenting adults is likely to be an unconstitutional invasion of privacy. This is because the case involved the sodomy laws that were being enforced in Texas at the time.

As a result, the crime of adultery is no longer punished in the state of Alabama, as it is in every other state. You will not be detained or criminally prosecuted for adultery regardless of your relationship status, including whether you are cohabitating, separated, married, annulled, divorcing, or divorced.

Is Al a no fault divorce state?

Is Alabama a Fault Divorce State? – Sometimes, even when both partners are committed to making their marriage work, it is not possible to preserve the relationship. Both a no-fault and a fault-based divorce system are available to couples in Alabama who choose to end their marriage and start a new life apart.

Because it is the simplest and most expedient method for getting out of a marriage, the no-fault divorce is accessible in all fifty states. On the other hand, getting a divorce based on one party’s culpability typically requires both parties to retain legal representation, provide proof, and spend more time in court.

Both “types” of divorce result in the dissolution of the marriage, and it is up to the court to decide all matters pertaining to the divorce, such as the division of property, who will have custody of the children, who will pay child support, and who will pay spousal support.

Is Alabama a marital property state?

Property That Is Considered to Be Marital in Alabama In Alabama, the majority of property that is obtained over the course of a marriage is going to be regarded as marital property. As a result, a home that is acquired by a married couple after they have already tied the knot is going to be regarded as marital property and will be subject to equitable division under the terms established by the judge.

  • On the other hand, a residence that was acquired by one spouse before the marriage or that was inherited by only one spouse after the marriage is very certainly going to be regarded as separate property.
  • This is not often the case, however, particularly in situations in which the individual property in question was utilized over the course of the marriage for the mutual advantage of both parties.

In these kinds of circumstances, the court may decide that the property in question is, in fact, marital property, regardless of how the spouses came by it.

How does adultery affect divorce in Alabama?

The state of Alabama does not consider adultery to be a criminal offense, despite the fact that the state does technically have a law that criminalizes the act of “adultery,” which makes sexual actions unlawful if at least one participant is married to another person.

  1. However, ever since the United States Supreme Court ruled that sodomy laws were unconstitutional in the case Lawrence v.
  2. Texas in 2003, it has been widely assumed that any law punishing sexual acts within the home between consenting adults is likely to be an unconstitutional invasion of privacy.
  3. This is because the case involved the sodomy laws that were being enforced in Texas at the time.

As a result, the crime of adultery is no longer punished in the state of Alabama, as it is in every other state. You will not be detained or criminally prosecuted for adultery regardless of your relationship status, including whether you are cohabitating, separated, married, annulled, divorcing, or divorced.

Is Alabama a marital property state?

Property That Is Considered to Be Marital in Alabama In Alabama, the majority of property that is obtained over the course of a marriage is going to be regarded as marital property. As a result, a home that is acquired by a married couple after they have already tied the knot is going to be regarded as marital property and will be subject to equitable division under the terms established by the judge.

On the other hand, a residence that was acquired by one spouse before the marriage or that was inherited by only one spouse after the marriage is very certainly going to be regarded as separate property. This is not often the case, however, particularly in situations in which the individual property in question was utilized over the course of the marriage for the mutual advantage of both parties.

In these kinds of circumstances, the court may decide that the property in question is, in fact, marital property, regardless of how the spouses came by it.

Who gets the house in a divorce?

When a married couple decides to get a divorce or end their civil partnership, what happens to the house? – The family home is often considered to be one of the most important and precious things that a married couple may possess. In a perfect world, you and your husband or wife would own an equal share of all of the assets in the household.

This covers the marital house, even if only one person participated in the purchase or acquisition of the residence. The distribution of assets is often determined by taking into account the monetary requirements of each individual. It is sad that there is no straightforward and straightforward solution; there is no such thing as a “standard split” of assets such as the family home.

Finding this out can be difficult for divorcing spouses, but regrettably there is no easy and clear-cut answer. It is simply dependent on the circumstances of the marriage or civil partnership, and not always on the legal ownership of the home or the mortgage payments.

There is no “one-size-fits-all” formula that can be applied to the various “types” of divorcing couples because there is no “one size” that fits all. Naturally, it is more preferable for the two of you to reach an agreement (such as a separation agreement) regarding how assets should be divided, and this is the situation in which mediation, arbitration, and collaborative law may be able to assist you in making a decision.

However, if the two of you are unable to come to an agreement, then either one of you may petition the court to determine the matter for you. You may learn more about the steps of the process and how the courts utilize the law to assess what constitutes a fair division of assets by reading the information that is provided on this page.