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Who determines how assets are divided in a divorce?

If you and your soon-to-be ex-spouse can agree on a settlement, you will likely be able to determine how assets are divided during mediation with both of your attorneys. However, the judge will need to sign off on the agreement.

If you and your ex are not able to agree, the court will determine how assets are divided. The court will look at separate property and community property, determine the value of both, and make a ruling on how the assets accrued during marriage will be divided.