Dividing Assets in a Divorce

Dividing assets is a necessary part of the divorce process, since the decree will not be finalized until both parties can come to an agreement regarding the property they shared. The easiest way to divide assets is for a couple to be able to discuss it calmly and come to an agreement on their own, but this can be difficult in the heated climate that usually surrounds a divorce. Following a few rules of thumb can help the process go more smoothly, which will save you from having to get a judge to make decisions for you. Any issue that ends up going to court will increase the cost of your divorce and may yield a result that neither party is happy with.

The first step in dividing assets is for both parties to make a list of all of the property that the couple owns and specify which items or amounts of things they wish to retain for themselves. When you compare your lists you may find that you are not as much in disagreement as you expected. If there are items that both spouses are wanting, there are ways to sort out who gets what.

You may want to assign monetary values to all of your property and make it your goal for each spouse to end up with an equal amount of property based on those values. You can negotiate and trade items based on these values and try to come to a decision. You may want to employ a simple game of chance in order to settle disputes. One example is to flip a coin and whoever wins the toss divides up the list of items into two groups. The loser of the coin toss gets to choose which list they will keep for themselves. This way, both parties get an equal say in how things will be divided.

Try your best to avoid a conflict by committing to not fighting over every little thing. Items with sentimental value, such as family heirlooms, should go to the partner who values them most. Many times, a judge will award your home to whichever one of you has primary custody over the children, so you may not want to make items a bone of contention where you know what the court outcome would probably be anyway.

If you are still unable to come to an agreement when dividing assets on your own, there are still a few other things you can try before you go to court. A mediator can be used to help you to settle things or your divorce attorneys may able to make better headway without having you or your spouse present.

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