You may not think about the possibility of divorce when you are newlywed or planning to get married. There are a lot of difficult decisions that you need to take in such an event. A lot of these decisions concern how you divide up the property that you once shared. It is not always possible to have an amicable divorce where you can work together with your spouse and divide up the property and any debts you have equally to both of your satisfaction. When there is conflict, it is best to hire an attorney so that your best interests are covered.
There are several factors that decide on how you can divide up the property such as the type of divorce, the nature of the property you own and the location of your residence as different states may have different conditions. A lot of people who are getting a divorce will not be able to decide what type of divorce they prefer. But if there is a civil relationship between your partner and you, both of you can work together to decide on the options that you have. Divorce solicitors Melbourne will be able to carefully go over the types of divorce that are available to you.
One of the types of divorce isan uncontested divorce where both parties are able to come to an amicable agreement on all terms of the divorce and file the divorce papers with the court. Usually, there will not be a formal trial and this can be more cost effective than a contested divorce. You will be able to get through the proceedings faster and conflict will be minimized. Contested divorces are what we first think of when the term divorce comes up. There is a lot of conflict involved and there will be difficulty when agreeing on the division of property, child support etc. There are also divorce types that are somewhere along the middle of these two types that require mediation. If you are on good terms with your spouse, you can also look at how you can divide up the property on your own by working together.
The big question in a divorce is who gets the house. State law will dictate the division of property. But it depends whether you are living in a separate property where the house only belongs to the spouse or a community property where the property was acquired by the efforts and earnings in both. In the first instance, the property will have been owned by the spouse before marriage.
Community property or equitable distributions are the two methods in which the courts divide the property. In the event of a divorce community property will be divided equally between the spouses and each spouse will be able to keep their separate properties. In an equitable distribution, the assets will be divided up fairly but this will not always be equally divided. In most cases, the property will not be physically divided equally between the two parties. Instead, both will be granted a percentage of the total value of the property.