Because each state has its own unique rules that govern allocation of assets in a divorce, it actually does matter where you get your divorce.
Equitable Distribution States vs. Community Property States
Being knowledgeable about the difference between Equitable Distribution and Community Property can be very important if you are facing a divorce and need to consider your options.
Equitable distribution is when a court divides assets fairly between the couple, thus investing considerable power in the judge to determine a number of different assets. A judge will consider duration of marriage, the ability of a spouse to support himself or herself, age, general health and vocational training. If a spouse has forgone career opportunities in order to raise children, that spouse often receives a greater share of the assets. Most states use this set of rules.
In Community Property States a judge simply divides the couple’s joint assets in half without attempting to divide the assets fairly, but rather making for a quick and clean division of marital property. Judges do not consider the employment prospects, age or health of either spouse. There are only nine community property states. California and Texas, Nevada and Idaho all follow community property rules.
If You Don’t Feel Your State’s Divorce Laws are Fair
If you don’t feel your state’s laws are fair you can try to negotiate a divorce settlement and post-marital agreement that allows spouses to divide their assets in a manner that suits them. Courts use the state rules to divide assets, but couples can do whatever is most comfortable for them.
Most marriages end in a negotiated settlement and few actually go all the way through to a trial. An experience divorce attorney can help you negotiate a settlement and may be prepared to litigate if that is the best option for you.
Law Offices of Korol and Velen, Certified Family Law Specialists
6300 Wilshire Blvd., Suite 1430,
Los Angeles, CA 90048