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Tips for dividing marital property without a dispute

On Behalf of | Oct 11, 2019 | Property Division |

Every divorcing spouse wants to feel that they gained a fair outcome for themselves. However, they usually do not want to undergo a stressful and costly court battle to ensure this is the case. Many divorcing spouses find themselves stuck between wanting a positive outcome and not wanting a traumatic court battle.

If adequate time is spent establishing priorities and planning a divorce strategy, it can be possible to get the outcome that you want regarding asset division without fighting tooth and nail. The following are some tips for doing just that.

Be transparent about your goals

If you are secretive or appear to be playing games with your divorcing spouse, it is more likely that they will act in a manipulative way toward you. It’s ideal if you can both sit down together at the beginning of the divorce process and be open with each other about what your expectations are. By being upfront and honest, you will be less likely to treat each other like a threat.

Make sure that marital and separate property is differentiated from an early stage

It can be challenging to correctly categorize all assets as either separate or marital property. The earlier that you can do this, the better the situation you will be in. Generally speaking, marital assets are those that were acquired after the date of the marriage, with the exception of gifts and inheritances.

If you are contemplating divorce, you should consider creating a divorce strategy ahead of time so that you are better prepared for any outcome and so that you can try to avoid a dispute.

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St. Louis County Bar Association
Illinois State Bar Association
LEX | The Missouri Bar