Deciding how to divide your property is not always easy, but it’s a good idea to try to do so without the court intervening. While you can allow a judge to make decisions for you, you have little control over the outcome when you do so.

If you and your spouse are in a good relationship and can be civil with one another despite the divorce, then you may wish to negotiate among yourselves and present your agreement to your attorneys to make them legal. Your attorneys will make sure that you have everything needed in your settlement.

If you cannot agree, there are other options, such as arbitration and mediation, but these alternative dispute resolution techniques still only work if you are able to agree to come together to go through them. It is possible that a spouse who does not want to negotiate will drag your case to court.

What happens if your property division case goes to court?

If your divorce case goes to court, then it will be in your best interest to fight for everything you want. You can present documents and information on why you should receive certain assets to the judge. Your attorney will present this in a matter-of-fact way that explains your current situation and why this is the outcome that is necessary.

California is an equal distribution state, so be prepared for a judge to rule that your property should be divided equally, even if you don’t agree with it. This is something you can fight against, but it is the typical rule of the state.

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