Talk with any divorce lawyer in America, and you'll eventually hear several stories about clients' exes saying they were going to get everything in the divorce. American divorce law includes a lot of discussion about the division of assets, and concerns about the disposition of property are relevant. However, anyone claiming they'll take everything in divorce is blowing hot air.

You may find that to be a relief, but there is still work to do. Let's examine how the division of marital property actually works during a divorce.

Common-Law vs. Community Property

Foremost, you should know what the rules are in your state. There are two possible options. First, there are common law states which are the majority. Second, there are community property states. Ask a divorce attorney which type of state you live in.

The main difference between common law and community property states is whether the court splits property equitably or equally. In a common-law state, the court tries to dispose of property fairly by considering who contributed to the marital wealth and which ex-partner may need it more. Conversely, community property states try to do as close to a 50-50 split as possible.

Marital Assets Only

Regardless of which state you live in, your ex only has a claim to marital property. Most assets acquired before the marriage stays with the party that owned them. The notable exception would be if one spouse transferred the property into the marital pool. For example, they might have added the other spouse on the title to the house.

Similarly, there are scenarios in some states where highly segregated property acquired during the marriage stays with one spouse. If you attempt this sort of claim, though, be prepared for a legal fight. Hire a divorce lawyer and make sure you have the right to claim the property for yourself.

Financial or Physical Need

Notably, the court doesn't want to leave anyone destitute at the end of a marriage. If there is a compelling need, the court may intervene to assign property and assets to meet that need. For example, a judge dealing with someone divorcing a partner with a disability might assign the disadvantaged partner the house because they can't easily handle a move.

A person would be well within their rights to try to fight this. However, the court might then have to consider alternatives. The most logical alternative in most cases would be to award sufficient spousal support to protect the interests of the disadvantaged party.

For more information, visit a website such as http://gomezmaylaw.com/.