A no-fault divorce is one in which neither the husband nor the wife officially blames the other for the breakdown of the marriage. Although many divorces begin with a high level of acrimony, a substantial majority are settled without the need for a judge to decide property or other issues. However, if the division of property cannot be settled, then the court must make the determination. Laws vary from state to state. In dividing marital or community property, the laws vary from state to state.
Some states are community property states.
Some states, such as California, believe that marital property should be divided equally unless a premarital agreement specifies otherwise. That division may be 50-50 or something else. See table with Property Division . Determining the child s best interests involves many factors, no one of which is the most important factor. A joint custody order can have one or both parts.