Today’s video and related materials provide information about property division.
Collect the information itemized in “Steps to Divorce” that you downloaded on Day 1—especially any information that documents what property is owned, its value, and the debt owed on it.
Each side will generally complete discovery and exchange property affidavits. For more information about the discovery process, see “Discover Discovery.”
After discovery is complete, some marital property matters may be settled by the parties without mediation. If no settlement is possible, mediation of property division is mandatory. Each party will attend a mediation with their attorney, if represented. The certified mediators in the Wilmington area will conduct the mediation and in most cases, the clients resolve their property dispute without a court hearing. If mediation does not resolve the property dispute, we have a court hearing and the judge decides.
Any marital assets and liabilities may be divided in an equitable distribution proceeding including real estate, pensions, IRAs, and all other marital property. Generally, marital property includes all property acquired during the marriage. Read an overview of property division.
In property distribution litigation, it is critical that both sides answer formal discovery under oath. If you later find your spouse had assets that weren’t disclosed under formal discovery, you may be able to reopen the case.