Property Division Workshop

Equitable Distribution

Today’s video and related materials provide information about property division.

Gather documents

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.

• Review and study our Schedule of Assets and begin to identify what property you have.
• We will need to work with you to create an Initial Listing, which details the property and debt that you have, your contention as to its value, and to whom you wish to have the property distributed.
• To prepare the Initial Listing, you may want to use our Preliminary ED Listing Worksheet and complete one form for each property and debt so that we can assist you in preparing the full Initial Listing.

Complete discovery

Each side will generally complete discovery and exchange property affidavits. For more information about the discovery process, see “Discover Discovery.”

Mediate, settle or trial

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.