People are often incredibly anxious about the prospect of divorce. They worry about losing property and needing to rebuild their lives. Some couples can sidestep disputes about asset distribution when they divorce because they signed a prenuptial agreement years ago.
Others have to negotiate asset distribution terms during the divorce. If they cannot reach amicable agreements with one another, then they may have to litigate in family court. Couples always have the option of asking a family law judge to assist them with the distribution of their property and debts.
If a judge must handle asset division, what happens to marital property?
Judges focus on fair solutions
In some states, property division involves a 50/50 split of assets. The process involves a bit more nuance in Delaware. The law instructs judges to find an equitable solution for property division.
In other words, the terms that they set need to be fair. An even split is rarely the most appropriate solution for addressing marital property and debts. Judges have to learn quite a bit about marital circumstances to arrive at a fair property division decree.
The factors that judges consider during divorce litigation include how long the marriage lasted and the contributions that each spouse made. Their income and earning potential are considerations, as are unpaid contributions to the marital estate.
Judges may consider the health of the spouses and even proposed arrangements for the care of their shared minor children when deciding what is fair. The one thing they usually cannot consider is marital misconduct. The bad behavior of either spouse usually has very little impact on property division.
With exceptions for financial misconduct such as dissipation of marital property or intentionally hiding assets during the divorce, the inappropriate behavior of the spouses is unlikely to have much influence on the outcome of their divorce proceedings. Judges have the authority to award property to both spouses and to make them responsible for marital financial obligations.
Predicting exactly how a judge might handle that process can be incredibly difficult. Spouses who feel strongly about securing certain terms during the asset distribution process may need to consider finding a way to settle with their spouses. Reaching an amicable agreement early in the divorce process allows spouses to have control over the terms set.
People who negotiate with one another may ultimately feel happier with the outcome of their divorce proceedings because they have more control over the process. Understanding the rules that apply during divorce can help people decide how to approach the process given their unique needs and concerns.
