If you are currently considering a
divorce and there are a variety of states in which you are qualified to file for
divorce, then you will want to carefully consider your options before
heading to the courthouse. Where you divorce can actually have a very
lasting impact on your divorce case. This is because some states honor
the principal of equitable distribution whereas others negotiate through
property debates with community property rules.
Equitable Distribution vs. Community Property
Each state has its own unique rulings about divorce. California is considered
a community property state, meaning that a judge would divide a couple's
joint assets in half. This makes for a quick and clean division in the
marriage, although it is not always fair. This is because judges don't
attempt to divide the assets fairly. They do not consider employment prospects,
the age of each party, or the health of either party when dividing all
If you are at a disadvantage in this arrangement and have the option to
divorce in a different state, then this may be a benefit to you. States
that honor equitable distribution rules will divide a couple's assets
in a fair way in light of the couple's unique circumstances. The equitable
distribution standard is loose and invests considerable power in the judge.
Courts typically consider the duration of the marriage as well during
Get in Touch with a Los Angeles Divorce Attorney
If you are not sure if you should file in a state that permits equitable
distribution or if you should file in California under community property
laws, then you need to talk to a Los Angeles divorce attorney today. With
a reliable lawyer on your side, you will be able to understand the process of
property distribution in your state and make preparations accordingly.
Contact an attorney from Claery & Green, LLP today to learn how we can help you!