samedi 29 juillet 2017

Divorce: Real Difference Between Community Property and Equitable Distribution

Hi there, I have been separated from my spouse for over 6 years now but am only now beginning to move on the divorce process. It is a little tricky because I currently live in a community property state, but am planning a move to an equitable distribution state. I would very much like to minimize any financial settlement with my (effectively) ex spouse. I am the custodial parent of our minor child and have also always been the breadwinner. My ex spouse made very little contribution to the marriage - zero financially and very little in terms of parenting/household. I always carried most of the burdens on every front (provable). The marriage ended following adultery by my ex spouse.

So it seems logical that an equitable distribution state would be the best jurisdiction for me, right? However, I hear that even in my community property state courts don't necessarily award 50/50, and that there is actually a stipulation of "just and equitable" distribution. This seems really confusing - how, then, is it actually different to an equitable property state?

Can someone explain the differences in practice?

Thanks so much!


Divorce: Real Difference Between Community Property and Equitable Distribution

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