Family and relationships question:

I have been married for 12 years, have two young children, and I’m in the process of divorce. We are reasonably well off and own our home. Will our assets be divided equally between us? I’m particularly concerned about keeping the house.

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Good Lawyer Guide's response

If you can’t come to an agreement about how to split your assets, a court will make a decision for you. When it deals with financial claims like yours the court will consider some important issues before reaching a decision as to who gets what. The most important consideration will be your children. It will also look at the duration of your marriage, your financial resources and your standard of living, and who paid for what in terms of financial contributions over the years.
It is common for a judge to order that whoever is given custody of the child (usually the mother) will get to keep the house. Other assets may be split equally or divided into unequal shares depending on what the judge would consider a fair and reasonable settlement for you both. Draw up a list of what assets there are, how much you have paid for what over the years (eg, mortgage, household bills and so on) and then you can work out what might be a fair split.