Factors a Judge Will Consider

Does Marital Misconduct Come Into Play?

Generally, marital fault or misconduct doesn’t come into play when it comes to division of the assets. Fault or misconduct includes adultery, abuse or abandonment. Some have tried to use these things as grounds for an unequal distribution of the assets. Usually, though, division of the assets will be equitable (or fair) despite these factors. These acts of misconduct do, however, have an impact on alimony payments.

Evaluation of the Assets

After categorizing all of the property and assets into martial assets, divisible and separate property, the judge will then evaluate the assets. This evaluation determines the monetary value of the property. For example, when dividing the value of a home, the judge will not value the home based on its purchase price. Nor will they divide it based on how much is owed on the property. Instead, the judge will subtract what is owed on the property from its current value. Whatever is left over (the net value) will be divided among the spouses.

Other assets, such as collectibles and investments, may be difficult for a judge to determine the true value. When this happens, an appraiser is called in to assist in the valuation process.

There are many things to take into consideration and a family court judge will carefully evaluate all factors before making decisions. To help you understand all of the nuances, talk to one of our divorce attorneys. We’ll help you understand how the law pertains to your case and we’ll work hard to make sure you get exactly what you deserve.

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