Why Division Of Property In A Divorce Is So Difficult

As you go through your divorce, you will find that trying to make everything equal does not work very well. There are just some things accumulated during the marriage that are more valuable than others, and there are some things you want to keep that your ex will keep fighting you for. In some states, you do not even get a choice because the laws there dictate that anything of real value has to be sold off and the money split equally down the middle. (If you live in one of those states, you do not get to keep any houses, cars, property, jewelry of value, etc.) As you move forward, you may have to compromise on what you can let go and what you absolutely will not let go. Here are some ways to navigate this difficult and nerve-racking part of your divorce. 

Tell Your Divorce Attorney What You Absolutely Must Have, What You Want, and What You Can Compromise

​When you sit down with your divorce lawyer at the beginning of this process, you should have clear definitions of what you want from the divorce. If you live in a state where you can keep the marital home and that is what you want most, make sure your lawyer knows. If there is only one car and you want the house, you might not be able to have both because you are already asking for the one thing that is even more valuable than the car. You can still ask for both the house and the one car that you and your ex were sharing, but then you risk losing the one thing you want most if you force the judge to make that decision for you. 

As for other things of value, decide which ones you want. If you want to keep your diamond wedding ring and the diamond tennis bracelet your ex gave you, but you also want the sixty-inch, high-def flat screen TV, you should try to make the right call. If you and your ex cannot make that decision, acquiesce and compromise by asking the ex for the fair market value of the TV in place of demanding the TV in the settlement. If your ex agrees, you get some money to buy your own TV and he/she gets the TV. 

Alimony 

​Alimony is another complicated matter. For example, in the state of Wisconsin, if you divorce before your ten-year anniversary, ​nobody ​gets alimony. That is state law. Furthermore, if one partner is relentlessly unfaithful, it does not matter because Wisconsin is a "no-fault" divorce state where alimony is not paid out before ten years of marriage when one person is unfaithful. There are many other states with similar laws, but you should not be held captive by these laws if the marriage is that bad. If you can legally request alimony, the amount may be offset by child support payments, if applicable. 

Learn more from a lawyer such as Diane Dramko, Attorney At Law.