The court decides about the property of married people in divorce and separate support cases.
Divorce
When you get a divorce, the judge divides your property.
Getting a divorce can take a long time. While the case is going on, the judge can order your spouse to let you use certain personal property and real estate. For example, the judge can let you stay in the house or use the car while the case is going on. If your spouse has abandoned you and your children and you cannot pay for the things you need, the judge can order your spouse to let you have certain personal property and real estate.
When you get a divorce, the judge will divide all of the property that you and your spouse own. The judge divides the property you own together and the property you own separately. The judge decides what is fair. The judge will not just look at who bought an item or who actually owns it. Instead, the judge will look at many things. The things the judge looks at are called “factors”. The judge must look at some factors. The judge may consider other factors.
The judge must look at factors for both you and your spouse like:
- how long you have been married,
- how you acted during the marriage,
- your age,
- your health,
- how easy it is for you to get a job,,
- the kind of work you do,
- your job skills,
- your income (how much and where it comes from),
- how much money and property you have,
- your debts,
- your needs,
- your children’s needs, and
- how hard it will be for you to get money, property, and income in the future.
The judge may consider factors for both you and your spouse like:
- how much each of you paid to buy, maintain and increase the value of your property, and
- what each of you did for the family as a “homemaker”. Shopping, cooking, cleaning, and child care can be as important as bringing in money. You have the right to a share of the personal property even if you did not earn the money and did not buy the property.
The division of property when you get divorced is sometimes a division of actual things, usually expensive things, like cars, art work, furniture, and jewelry. For ordinary things, like pots and pans and household tools and appliances, the judge usually decides how much one spouse has to pay the other.
Separate Support
If your spouse abandoned you and your children and you have no way to take care of yourself, you can file a Complaint for Separate Support. If your spouse has abandoned you and you do not have enough resources to care of yourself and your children, the judge can order your spouse to let you have some personal property and real estate.