Getting Through the Issues
Everything in a divorce feels personal. Afterall, it’s the most personal part of your life being torn apart. While not every divorce has a child custody component, EVERY divorce involves the division of marital property.
And the division of property is just business, especially in the eyes of the Court. The sooner you get passed the personal feelings, the better it is for everyone involved…and the better it is for your wallet. As you learn, most of that stuff, if any, is just not worth fighting about.
What’s the Fight Really About?
What is property? It definitely includes real estate and vehicles, but it also includes engagement rings, retirement accounts, and toasters. Oftentimes, the bigger things – like houses and vehicles – are much easier to split up, mainly because they usually have an ownership paper trail. We can look at the title or deed and make the division no more than a business decision.
Who owned the house prior to the marriage? Are you both on the title of the boat? Who contributed, and how much, to the expense of maintaining the rental duplex? Was there an inheritance? These issues may affect the ultimate outcome, but the general principle is that if it’s marital property, meaning property you acquired during the marriage, together, it’s going to be divided equally, no matter how upset you may be with your soon-to-be ex.
All of these questions can be substantially answered by reviewing titles, bank accounts, and loan applications. The Court takes all of these documents into account and orders the division of property based on the information that each side provides. Now, more than in previous generations, the Court is looking for fairness. They are not looking to leave either party homeless, without some compensation.
If minor children are involved, the Court is apt to provide a solution that keeps them in their home, oftentimes with the custodial parent. There’s no question that both sides have to rebuild every aspect of their lives following a divorce – especially financially – but maintaining consistency for the children overrides most other considerations of the Court. And, hopefully, for you, as well.
Compensation can come in many forms. Frequently, one partner will buy out the interest in the property for a court-determined price. Sometimes you are ordered to sell the property and split the proceeds as ordered.
No One is Satisfied, Usually
And, sometimes, you just get the short end of the stick. In family law, as the saying goes, if both parties are at least a little unhappy with the outcome, then it was a good divorce. We’ll fight like hell to get you everything that you want and deserve, but so will the other side, and the Court makes the final call.
This is where the idea that “it’s just business” comes into play. We have to pick our fights and let go of the things that we can’t control. A paper trail of ownership and monetary contribution is pretty solid evidence, but there are many ways to also prove non-monetary contribution. Missouri is not a 50/50 state where everything is immediately split down the middle, but most judges have that in the back of their minds when making decisions.
Letting go is an important part of making it through the divorce process with your sanity – and wallet – intact. We’re here to fight for everything you want, but make sure that what you want is about need, not retribution. Taking every stick of furniture may feel good, at the moment, but it’ll never make up for their infidelity. And, fighting over it for months on end, will only leave you in even more pain. If you don’t want, need, or even like the wedding china…just let it go. In fact, the act of accepting that it’s just business and letting things go is a great first step in starting over.
Don’t let the division of property get personal…because it is just business.
Markwell Law will handle your business and help you sort through which items actually mean something to you, and counsel you on when to let other things go. That’s a big part of us being in your corner.
We’ll get you through this.
O’Fallon Location: Markwell Law, LLC 1031 Peruque Crossing Ct, Ste. B
O’Fallon, MO 63366 636-486-1093
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