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Property division is often one of the most contentious issues in a divorce, with outcomes that can affect your life for years to come. Whether you’re negotiating amicably with your spouse or you’re taking them to court with the help of a divorce attorney, understanding your rights is key to achieving the best possible result. Below are answers to some common questions you may have about property division.

Understanding Dividing Property in a Divorce

Does each person automatically get half the assets?

How property is divided depends on the laws of your state. For example, Missouri follows a principle of equitable distribution, which gives judges latitude to achieve a just and fair outcome, even if each spouse doesn’t receive an equal share.

What factors do judges consider when dividing property?

divorce attorneyTo achieve a fair division, a judge will consider the economic situation of each spouse, what their living environment is like, and each partner’s non-marital assets, including real estate ownership. The behavior of each party during the divorce can also play a role in the outcome. For example, if a party shows up late, is disrespectful, or shows a strong lack of judgment, the judge way award property to the other party. 

What is non-marital property?

In Missouri, only those assets that either spouse obtained during the marriage are considered marital property. This includes a home that the couple bought together during their marriage. Any belongings possessed before the marriage, or items excluded in a prenuptial agreement, are usually not subject to division.

Can I negotiate a settlement with my spouse?

Whenever possible, divorce attorneys encourage spouses to negotiate a settlement between themselves instead of going to court. Being able to find common ground and settling these issues out of court reduces the emotional strain and expense of drawn-out litigation, allowing both of you to start building new lives as soon as possible.


 

If your marriage is coming to an end, turn to Coyne, Cundiff & Hillemann, P.C. As one of the top three law firms in St. Charles County, MO, they pride themselves on giving every client the personal attention they need during this difficult time. Visit their website for more on their family law services or call (636) 561-5599 to reach their Lake St. Louis location. Call 636) 456-7969 to speak with a divorce attorney in Warrenton.

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