Property Division Disputes

Disputes involving the division of community and/or separate property are common features within an ongoing dissolution of marriage case, and there are specific measures taken to alleviate and potentially resolve the matter or areas in dispute. The usual method utilized is to file an action with the court and request for the issues to be heard and ruled upon by the court.

 

This is accomplished by filing a Request for Order hearing, which is part of the litigation process. In the course of a pending dissolution of marriage case, orders can be obtained prior to the entry of a final judgment, which are considered temporary orders preceding the final determination of the matter, which is dealt with through the marital settlement agreement or decided by the court if the matter requires further intervention or additional orders from the court.

 

In many instances the issues can be resolved by way of reaching a stipulated agreement and this is the direction that is often considered by parties, unless the issues are so entrenched and the litigation process is the only option or avenue available due to the degree of dissension or unreasonable position being proposed by one or both of the parties. Still, the parties are always encouraged to try and reach a stipulated agreement, and the legal process is geared towards trying to bridge the gap or differences between the parties to avoid unnecessary litigation. 

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