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The laws that apply when a couple files for divorce differ across the US. A significant difference exists between the 50 50 divorce states and those that settle the matter differently. This article sets out to explain what the notion means and how it could apply to your particular case if you're about to terminate your marriage in one of the divorce 50 50 states.
This legal term denotes that if the spouses can't agree over their property division, the court will assign half to each. But it's not as simple as that. This is just a juridical presumption that is only a base for the jury's decisions. Many parties wonder do assets get split 50/50 in a divorce, but as you'll see below, many factors shape the proceedings, and a divorce 50 50 split can turn into 60 40 split, 70 30, or any other combination for that matter. The primary thing to take into consideration here is how the property was acquired.
The court in 50/50 divorce states presupposes marriage as a joint undertaking, so all assets such as housing, business, benefits, insurance, pension, and alike are considered community property and mutual. Community property calls for a division into equal parts if there's no just reason to reach another verdict.
A crucial notion here is separate property, which is everything a person obtained before marriage and in which the spouse had no role. This is, for example, a property given by relatives, inheritance, and so on. But this can also get more complex if, for instance, your spouse used that money to help you financially, in which case you must in a way indemnify. For this reason, attorneys and courts look into specific instances of each separating couple because the theoretical bases are clear, but real-life scenarios often add to the difficulty.
If you wondered how many states require a 50 percent split during a divorce, the answer is 9, and those are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Still, some other legal provisions and practices may differ across these states, which is why the court's decisions sometimes vary significantly even if the same principle was applied.
Some other states such as Alaska use a combination of this principle and the principle of equitable distribution, while others such as Florida go as far as examining the economic fault that is what party brought about the demise of the marriage.
The court can decide to award one party with a larger slice of the divorce pie even in states with 50 50 divorce. But to alter the presumption of equal division, there must be a solid reason. Factors that are taken into consideration are:
Many people wonder how long do you have to be married to split 50 50, but the thing is that the marriage duration is not at the crux for most disputes. The presumption of equal division is valid from day one, yet the property you acquired together is likely to increase the longer you're married.
If you want to skip the proceedings and agree with your spouse on dividing what you own, you need to find an attorney to draft a marital settlement agreement. This document stipulates that you both agree, and it has more power than the presumption of equality. So, if you agree to the ratio of all to none, for instance, it will be accepted. Rarely do courts disapprove of these and request a trial.
The case is different if you incurred debts together or if there are pending debts on some of the property. Usually, if you get hold of some property in debt, you get the debt too. But it depends on the overall debt you ran up during the marriage, how it happened, and other personal factors such as financial status, education, and alike.
If you wondered what states are not 50/50 in a divorce, you'll be happy to learn that Texas is not one of them. The divorce process in Texas is in accordance with the 50 50 split, and all we have discussed above applies. Still, learning how to file for divorce in Texas requires some patience since all states have their own local practices. The question of how long does a divorce take in Texas is even more complex because, as you probably have concluded by now, all cases differ, and the nuances add to the difference.
If you agreed to resolve everything with your spouse and opt for an uncontested divorce in Texas, the online divorce process could help you suffer less. If you're curious about why to use it, you should know that divorce during covid became widespread due to increased financial stress and health insecurity. Courts are chock-full with parties waiting, and there can be months before you get invited. So, why not read some more about Texas divorce laws and fill out the divorce forms in a matter of hours? Every heartbreak makes it hard to keep the faith, but you don't need paperwork to stress you out additionally.