Who will divide our property?

If you and your spouse are able to agree about the division of your property, then your arrangement will be documented with a separation agreement. If you are unable to agree, it will be necessary for you to go to court. The court will not decide your property distribution case for a period of time as the litigation process moves forward. During that time, the individual with possession of the property will have the use of that property unless a judge issues an order directing otherwise.