Who decides property division issues?
Often, the parties, with the advice and assistance of their attorneys, are able to reach an agreement as to property division. Of course, the parties must then submit this agreement to the court for approval. Unless there is some great disparity in the division suggesting undue influence or fraud by one party, the court is likely to approve such an agreement. In the event that no agreement can be reached, the court will hear both sides at a contested hearing and make a decision based upon all of the evidence presented.
