How does the Court determine what is equitable?
In dividing property in a divorce action, the court will presume that an equal division is equitable unless the particular circumstances of the marriage indicate otherwise. These particular circumstances include, for example, the length of the marriage, the fault of one party leading to the breakdown of the marriage, and the contribution of one party to the education and career of the other party. These are only a few of the factors considered in dividing property. Others that may apply to your particular situation and should be discussed prior to reaching agreement as to property settlement issues.
