Property Division Can Be Settled Out of Court
Posted on Jun 6, 2014 12:00am PDT
Getting married is easy, but getting out of marriage, on the other hand,
can be a daunting task. The legal aspects of divorce bring a lot of issues
that requires cooperation from the divorcing individuals in order for
it to be finalized. Property division is one of the many issues that can
turn the process into a contentious one, especially if one of the spouses
has the capability to hide assets.
Georgia, readers should know that not all property division cases are settled
in court, while some are settled via alternative options. One of the reasons
why many people try to settle property division all by themselves is because
they want to keep the divorce costs down. And by using collaborative law
or mediation, the divorcing individuals can talk through issues with the
help of their legal representatives or a mediator and create an agreement
that outlines how the property and assets are going to be divided.
Out of court settlements only apply if both spouses have built a strong
foundation of trust, despite their decision to part ways. If one party
suspects that the other is hiding some valuable asset, it is strongly
advised to take the case to court.
In court, a family law judge will decide how the property and assets will
be divided. The judge's discretion will also determine if the other
party is hiding assets that can lead to an unfair and unjust settlement.
It is important to understand that family law judges may not see the real
story behind the divorce, and instead focus on what is the most important
for them -- creating a divorce settlement.