Where you decide to file for divorce matters a great deal. From state to state, the laws governing every aspect of your divorce could vary wildly. Property division is a prominent example. While the majority of states will follow "equitable distribution", other states adhere to "community property" guidelines when it comes to dividing a couple's assets and debt. Before you file for divorce, you might want to consider the ramifications of your state's laws. If they are unfavorable, you might want to consider pursuing a divorce out of court, with the property division decisions left in your hands. Otherwise, a state's laws could mean the difference between getting what is fair in a property split, and having to abide by a fifty percent equal division of all your marital assets.

So first off, it is important to understand what equitable distribution is. Basically, "equitable" is simply a fancier word for "fair". If a divorce goes to trial, a judge gets to take into consideration all the factors of the divorce and each spouse's situation and prospects. This frees up the judge to rely on his or her own discretion to determine what would be fair in the divorce settlement. One of the factors that would weigh in on the judge's final decision would include looking at how long the marriage lasted; if the marriage was brief, then a judge may not deem it fair to give one spouse the other's assets.

Courts will also factor in each spouse's age and health. Also, situations where one spouse put off their career in order to care for the children will definitely affect property division. The spouse who gave up a career would usually get more assets to help them become self-sufficient. When a spouse has been out of the workforce for a while, this could mean they need more education or training to become more employable. If this is the case, this spouse could receive more financial assets. But then, this could entitle that spouse to alimony and/or child support. Support payments might sometimes be employed to replace additional assets. But no matter how things add up, many states advise judges that no spouse should receive less than one-third of the marital assets.

Then there is community property to consider. There are nine states that have community property: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Puerto Rico also has community property in its courts. Alaska holds our community property as an alternative property division to couples. What is this community property? It means a simpler process, but it may not be as fair. Nothing will change the fact that each spouse will get fifty percent of the property. But of course, there is always alimony and child support to make matters fairer.

All the same, if you feel that your state's laws are not conducive to getting your deserved share of the property, then you could always turn to mediation. This is where you, your spouse, and your lawyers negotiate terms of the property division, with a neutral third party to arbitrate. Even in an equitable distribution state, mediation could be able to save you time and stress in reaching a fair decision.

The good news is though that no matter the state, the average divorce will not go to trial. You may not even need mediation, as most divorce end in a settlement. This opens up your property division to negotiation, meaning that you are not at the mercy of a court's decision. When looking for a divorce lawyer then, you want to find an attorney who wants to end matters in a settlement, but who is capable of handling your case if it does end up in a trial. Find the right divorce lawyer for you and your family today!