Many people do not understand the exact process of dividing property during a divorce.  There are several important points to remember that can have a huge impact on how property is divided in a divorce.  In a complicated procedure such as divorce, it is always reassuring to have an idea of what the process involves before it ever actually begins.  

One of the most important aspects to look into is whether or not your state is a community property state.  If this is so, then all property acquired during the marriage is an asset of the marriage.  This is regardless of who purchased it, how it was paid for, or even if it was a gift to the spouses.  If this is the case in the state in which you are divorcing, you can expect the division of property to be an exact 50/50 split.  This is the case even if your spouse never worked.

Another important issue to consider is the property that was owned before the marriage.  If you owned property before the marriage, then you are entitled to keep that property.  It is not included as part of the marital property.  The only other way that property is not included is if there is a pre-nuptial agreement, or if it was a gift only for one of the spouses.  Otherwise, the property will be divided between the spouses.  

While some may thing that it is divided equally based upon pieces, for example, he gets one house, she gets the other house.  This is not always, how property is divided.  One aspect that determines how the property is divided is based upon the value of the property.  For example, one spouse may get five bank accounts, as well as the summer home, while the other spouse only gets one home.  The reason for this division is typically because the one home is worth the same as all 5 bank accounts, as well as the other home added together.  This results in the property being divided 50/50 based upon value, which is the most common split.  

As you can see there are several ways in which property can be divided.  If you have signed a pre-nuptial agreement then you rely on the terms of the agreement for your portion of the estate.  In a pre-nuptial situation a judge would not assign the marital property because it would be covered based upon the document.  However, it is important to note that any property that is owned before the marriage can become marital property in many states.

In simple terms, this means that if you have a house before the marriage, as well as numerous cars when a divorce is filed you could be required to split those assets as well.  The exact decision on this depends heavily upon your individual state, as well as the exact terms of your divorce, and the sum of the property.  In addition, if you are proven to be at fault for the marriage failing it is possible that your portion of the divorce settlement could be less due to the being at fault.

As you can see, the issue of dividing property in a divorce is never simple.  The best option to divide property is if you and your spouse are able to come to an agreement on your own.  If you are able to come to an agreement then you will be able to settle the property division in a manner that is best for you and your individual needs.  If you are relying on the judge to divide the property for you, then you may not be happy with the results.  You could end up being given property that you do not want.  This can make someone upset depending upon the exact outcome.  

Another important consideration is if there are children involved, there is often a preference towards giving the parent with custody slightly more assets in order to help them support the children.  Typically, child support is not enough to actually cover half of the expenses of the children as it is intended, and giving the parent with custody more assets is felt to help even this out.  This is not always done however, and varies depending upon the exact state, and circumstances of your divorce.