Property division can actually occur in one of two ways. Either the parties can reach an agreement about how to divide their property, or if they can’t reach an agreement, a judge will decide at the conclusion of a trial. At the trial the judge will consider all of the evidence presented and will apply the law of equitable distribution. Sometimes it’s possible for people to make agreements that are more specifically geared to their particular circumstances because they know their situation better than a judge will ever know it and they know what’s important to them better than any third party will know it, so we try to bring the parties together. If we can’t reach an agreement, then our last resort is to go to trial and have a judge decide.
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