What Makes Property Division Difficult In A Divorce And How To Move Beyond That Difficulty?
What is about assets and stuff that causes so much standstill in a divorce?
When a marriage dissolution case goes to a court trial, property division all of a sudden becomes fairly easy. The court is presented with a list prepared either jointly by both spouses or separately by each one listing all community assets (property acquired during marriage) and all separate property assets (property acquired before marriage) with all the encumbrances (loans) and reimbursable claims. The list is just that a list without all the emotional and psychological baggage assigned to a property during a divorce.
For a divorcing couple, whether they are litigating or mediating, property has meaning and significance beyond the fair market value and encumbrance. The property now is a symbolic emotional representation of the failed marriage.