Dividing Up Your Assets During Divorce

By Norbert Higensen


Going through the emotional stress of a divorce is quite enough. Unfortunately, there are a lot of technical things that have to be dealt with as well. In order to minimize the stress, costs, and length of the divorce, follow these tips for divvying up your assets:

The process of getting a divorce is no different for military personnel than it is for regular citizens. However, if you are considering a military divorce, there are a few things you should know that could affect your outcome. Depending on the state, there are specific schedules you have to follow when proceeding with a divorce. For example, when one spouse "serves" the other with divorce papers, there's a time frame in which a formal response must be written.

Because of the Service members Civil Relief Act (SCRA), military personnel are often allowed more time to respond to divorce filings. This is because they could be overseas or on active duty, and need more leeway to complete their side of the proceedings.

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For example, if a couple had been married for 12 years, but a spouse was only on active duty for 8 of those years, then the DFAS won't make direct payments to the non-military spouse. There needs to be at least 10 years of active duty while still married. However, a judge may still decide to split up a pension if the "10-10 test" isn't met, in which case the service member will be responsible for making payments to the ex-spouse instead of payments coming directly from the DFAS.

Another method is the "cutting the cake" technique. One person splits the assets into two equal parts and the other chooses. You can either decide on your own who will be doing the splitting, or you could flip a coin. Winner splits, loser chooses first. If you'd rather not go through the process of splitting up valuables, you could always hold a yard sale or put your things for sale online and split the money you get once the sale is over. That way, you can start fresh and new without old memories tied to old objects.

As well as you splitting your "stuff" may go, you still will probably need help splitting the big things like your home, car, family business, or retirement. Decisions like this might have to involve the court or other legal advice. Don't hesitate to turn to your Tacoma divorce lawyer; he/she will be able to help you out. Hopefully at the end of the day, you can part ways amicably and start a new life comfortably.




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