- 1). Determine which property division standard is used in your case. Although you do not need to follow the standard to the letter during negotiations, it provides information about what to expect if you cannot settle property related issues. The statute is available through the website maintained by your state legislature.
- 2). Remove from the property subject to division through negotiation any assets that either you or your spouse owned before the marriage. Non-marital assets such as these types of items are not subject to division and are retained by the individual who obtained them before marriage. Other assets not subject to division include property inherited by one spouse or given to that spouse as a gift.
- 3). Prepare a list of property that you desire to maintain as your own following the conclusion of the divorce. Encourage your spouse to take the same step.
- 4). Exchange lists as part of an overall negotiating process.
- 5). Meet with your spouse, assuming you can carry on reasonable communication with one another. Iron out any differences in your individual positions regarding asset distribution. As is the case with all other types of negotiation, the process involves an element of give and take.
- 6). Draft a property settlement agreement itemizing the property division reached through negotiations. The court clerk likely maintains a selection of standard forms for your use in the divorce case, including a property settlement agreement.
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