Divorces are complicated and emotionally draining, but uncontested divorces are less so. While no divorce will be completely smooth sailing or stress-free, uncontested divorces make the process less complicated and don’t involve the court. However, with an uncontested divorce, it’s up to you and your spouse to determine how assets will be divided and allocated.
How Are Assets Typically Allocated in an Uncontested Divorce?
Every divorce is different. When you and your spouse divide your assets, it’s between the both of you to iron out the details. Every couple will come up with different solutions, but here are a few guidelines to help you understand how assets are typically allocated in uncontested divorces.
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Anything You Had Before the Marriage Remains Yours
For example, if you had a car before you got married and still have the same car during your divorce, it will immediately go with you. The same goes for anything else that you had brought into the marriage with you.
Other things that may automatically be allocated to you include any money in bank accounts you had before the marriage, homes or property you had bought beforehand, clothing, and other similar things. If you and your spouse had a prenup agreement, then the items that are listed in that will also be allocated accordingly.
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Any Marital or Joint Property Is to Be Divided
This may seem straightforward, but it does apply to anything you had before the marriage that may now be under joint ownership. If you had a savings account before the marriage and made it a joint account sometime later, this must now be divided between the both of you. Even if your spouse didn’t put much or any money into the account, it must be split since it is under both of your names.
Any separate assets that were converted into joint or marital property must be treated as such, even if you came into the marriage with the item.
Additionally, anything purchased during the marriage must be treated as marital property and divided evenly. This includes any houses, property, or vehicles. Even if one of these items was only ever used by one spouse, it has to be considered marital property.
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Plans Must Be Made for Children and Dependents
If you have any minor children or dependents in your household, you must also create a plan for how they will be cared for. Often, this plays a role in how assets such as homes and vehicles are shared.
If one spouse will be responsible for the children or dependents during the week, they may request child support. To make things easier on the children, the parent with primary responsibility may also request to keep the house so that the children don’t have to move.
Depending on how assets are allocated, and how your parenting plan is set up, the amount of child support that the second parent pays may vary. Just like the rest of your assets, this must be agreed upon by both you and your spouse before you file for an uncontested divorce.
Call Konicek Law For Advice About Your Uncontested Divorce
Every marriage and divorce offers unique situations and difficulties that can make filing for a divorce harder. To ensure that all the right documents are filled out and filed, it’s essential to contact an attorney that can guide you during the process.
Just because an uncontested divorce is easier doesn’t mean it’s completely free of challenges. Allocating your assets will require time and discussion between you and your spouse. Be sure to carefully make arrangements for all assets and make this clear when you file for your divorce. This will ensure everything goes as smoothly as possible.
Emily A. Konicek brings 14 years of experience to your family law concerns. Emily excels at mediation, negotiation and litigation, and can help you pursue a course of action that helps you meet your goals for the future and for your family.
