Last Updated: Aug 25, 2026
Read Time: 3 mins
Family Law
The state in which you live is the one where you need to file for divorce. Unless you have lived there for less than the required timeframe (often six months), then it is that state’s laws that will dictate the procedure you should file for divorce.
There can be numerous issues that stress you out during your divorce. The top two most cited examples are child custody and finances. When a couple goes to divide up the property and debt they have amassed over the years of their marriage, things can go south pretty fast. If you live in an equitable division state, you may want to read up on how the process works so you can get an idea about what you may get when the divorce is finalized.
What Does Equitable Distribution Mean?
If your state law says that property is split equitably during divorce, then the process is not cut and dry. First, the court will determine what you owned separately. This is anything that you had in your name before you got married. The items you owned, assets and debts, before you got married will remain with you. Everything you own jointly or secured during your marriage will be put in a marital pot for splitting.
Equitable division does not mean a 50/50 split. Instead, the court examines your married life and decides who gets more or less of the assets and debts. The process of equitable division is meant to be fairer, especially for the spouses who left the workforce to care for children.
What Does the Court Consider When Splitting Assets?
The court does not just do a cursory examination of your marriage to decide who gets what. A judge will want detailed descriptions and examples of each spouse’s contribution to the relationship. The court will commonly consider:
- Who made the most money?
- Was this able to happen because the other spouse sacrificed their career?
- What was the emotional contribution of each spouse?
- Did one or the other contribute more to the demise of the relationship?
If your state allows for divorces based on grounds or reasons, then you may cite if your spouse did something wrong to cause the marriage to fail. A judge may factor this in when deciding how much of the marital pot goes to you versus your spouse.
An equitable split may find you coming out with more assets and less debt, or you may be on the other end. It is best to consult with a family lawyer to explore this and other divorce issues more fully.
Patterson Bray
20+ Years of Experience
24/7 Call Answering
Nashville & Memphis Offices
Reach out to Patterson Bray and an attorney will follow up with you soon.
Posted on Google
Hailey Wade14 days agoTrustindex verifies that the original source of the review is Google.
Patterson Bray PLLC did an excellent job with my grandmother's estate planning, and made everything easy to understand! She recommended them to a friend who went and is also very satisfied with their services.Posted on Google
Deb Clark19 days agoMy experience with this firm, particularly Judith Denham has been truly exceptional. From the consultation to the finish, the attention to detail, listening and responding to my needs. My documents were completed timely and professionally. I highly recommend Patterson Bray.Posted on Google
Tanya White19 days agoPattersonBray Estate Planning was an incredible firm to work with setting up our Trust. Judith Denham was thorough, very smart, and personable as she patiently explained each part. Gabby put together a very professional beautiful binder for us to have, and has answered questions we have had since then. I am so glad they were recommended to us, and we had them to walk us through this procedure.Posted on Google
Charmaine Sego19 days agoPatterson Bray did a great job with my mother's trust.Posted on Google
Phil Chamberlain36 days agoPatterson Bray PLLC - first class lawyers.Posted on Google
Catherine McGee55 days agoHeath Taylor was a genuine joy to work with during my divorce: straight forward, professional, and knowledgeable. I do hope I never have the need to acquire more legal help, but if I do, he'll be my first call. Thank you for everything, Heath!!Posted on Google
Marva Johnson62 days agoI FOUND PATTERSON BRAY AND JUDITH DENHAM TO BE PROFESSIONAL, VERY THOROUGH, AND PERSONAL. I DID NOT FEEL LIKE A CLIENT, BUT A PERSON. I AM SO IMPRESSED WITH THEM, ESPECIALLY JUDITH AND GABBY. VERY GRATEFUL FOR ASSISTANCE. M.JOHNSONPosted on Google
Pam Nicole63 days agoWe set up a trust with Judith, at Patterson Bray and we received excellent service. Everything was explained thoroughly and everyone was very friendly and professional. I would definitely use her and the firm again, if needed.Posted on Google
Steven Creasy84 days agoRachel was amazing and professional. Highly recommend. Thank you!Posted on Google
Lea Carr98 days agoPatterson Bray has a fantastic team and is always quick to respond for any need that I have. They are also great to refer clients, family, and friends to.
comes next.
