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What Do Judges Think About?

Property Division

In divorce cases, the judge may be asked to divide the parties' property. The judge will consider the following factors:

  1. the length of the civil marriage;
  2. the age and health of the parties;
  3. the occupation, source, and amount of income of each of the parties;
  4. vocational skills and employability;
  5. the contribution by one spouse to the education, training, or increased earning power of the other;
  6. the value of all property interests, liabilities, and needs of each party;
  7. whether the property settlement is in lieu of or in addition to maintenance;
  8. the opportunity of each for future acquisition of capital assets and income;
  9. the desirability of awarding the family home or the right to live there for reasonable periods to the spouse having custody of the children;
  10. the party through whom the property was acquired;
  11. the contribution of each spouse in the acquisition, preservation, and depreciation or appreciation in value of the respective estates, including the nonmonetary contribution of a spouse as a homemaker; and
  12. the respective merits of the parties.
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