There are many questions that an individual has to ask themselves when they are contemplating a divorce. For some people the sheer amount of change that would be required in a post-divorce life is enough to make them try harder to keep their marriage together. For others, the promise of a happier life is enough to give them the incentive to make a final push toward filing for divorce. Whatever a person’s final decision, however, the issue of property division is likely to be one of the more important considerations.
A recent article noted that for some people the division of property is even more complicated than other issues that could pop up, like deciding on child custody and alimony. For instance, a financial expert of some kind may need to be called upon to give an opinion on the valuation of certain assets, especially if business assets are involved. Further, determining what is and what is not marital property could turn what should be a simple property division process into a complex one.
So, does the prospect of a complicated asset division process hold some people back? The answer is probably yes. However, those who hold back from filing for divorce for fear of this part of the process could probably take hope from the fact that the area of family law has been changing over the last decade or so. There has been a movement toward a more open, mediated divorce process in most states, especially given all of the highly personal and emotional aspects of a divorce. For those couples who may be able to take advantage of this newer, more flexible option, arriving at a mutually agreeable and equitable division of property can be a more realistic goal – and it shouldn’t hold anyone back from seeking out a happier life.
Source: The Huffington Post, “Divorce: Should I Stay or Should I Go?,” Carla Schiff Donnelly, July 24, 2013