When you get married, we know that you are not thinking about divorce. If that were the case, you may not have wanted to get married in the first place. Marriage is about love, but we realize that sometimes divorce is necessary and the best option for everyone.
But what happens when you end up losing the property you want to keep during the divorce process?
What happens when you lose the boat, even though your spouse hates the boat?
Divorces can become messy, but property division needs to be settled so that both sides can move on. In Utah, we have what is called equitable distribution, which is a way to divide up property fairly between both parties.
Sounds easy, right?
What Is Fair?
The problem comes when deciding what is fair and it does not necessarily mean that it will be a 50-50 even split. Of major consideration will be the length of the marriage. Typically, the longer the marriage, the closer the 50-50 the split will be. This makes sense considering that longer marriages blur the lines between who has earned what and what belongs to who.
For shorter marriages, both parties will generally leave the marriage in the same kind of economic position they entered the marriage in.
Whether the marriage was long or short, the process can become difficult quickly.
Who gets which vehicle? Who gets the lake property?
What happens with debt? Yes, debt acquired during the marriage is property as well.
One of the most important issues is dealing with the marital home. This is often the most valuable asset the spouses will split, but splitting it can be tough.
Will, you have to sell it and split the value? Will one spouse buy the other one out of the property?
If there are children, sometimes one spouse will be allowed to remain in the home with the child until they are finished with school.
It may sound like something that could be worked out easily, but property division fights can become nasty.
The state of Utah requires that couples who want to get divorced undergo at least one mediation session with a qualified mediator. The goal is to hopefully resolve differences to keep the marriage together.
Mediation may also be useful when it comes to property division, but both sides can benefit from an experienced attorney to help handle the details.
What To Do Now
There is no reason for you to go through the divorce process on your own. Having a skilled divorce attorney by your side can ensure that you are treated fairly and get what you deserve when it comes to property division. Emy A. Cordano is experienced in this area of law and will work with you through the whole process, patiently explaining everything along the way.