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How Does the Court Divide Property Between a Divorcing Couple?

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How Does the Court Divide Property Between a Divorcing Couple?

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Typically, a divorcing couple will divide their property and debts themselves. However, if a couple cannot agree to a division of property, they can ask the courts to settle the dispute. Courts follow state law and divide the assets either as community property or under the principle of equitable distribution. How is Property Divided in an Equitable Distribution State? In equitable distribution states, the assets and earnings that have accumulated during marriage are divided fairly between the parties. The court considers many factors and will look at the financial situation that each spouse will be after the divorce to determine what division is fair. These factors may include, but are not limited to, the earning potential of each spouse and the duration of the marriage. Do I Live in an Equitable Distribution State? Every state is an equitable distribution state with the exception of Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin and Pu

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