By nature, divorces are traumatic for spouses. However, with the introduction of litigation involving questions such as whether property will be characterized as separate or community, valuing that property, litigating which parent will provide the primary residence for the child, and whether the parent may move away with the child, the proceedings will quickly take on a very high stakes tenor. Mix in the prospect of a jury trial on fact issues in the divorce, and the litigation stakes can instantly grow even higher.

Property characterization