North Carolina is an Equitable Distribution state. Equitable Distribution is a complex area of law and is governed by our statutes and years of case law. In an Equitable Distribution case we go through a series of steps to identify, classify, value and then divide your marital estate. Each step can be complex and contentious, but many cases are relatively simple. The Court will start with a presumption that a 50/50 in-kind split of the marital estate is equitable. However, there are factors a Court can consider in an unequal distribution and it important those are identified. The attorneys at Devan & Null PLLC have the necessary knowledge and familiarity with North Carolina’s property division laws to ensure that you will obtain the fairest settlement.
Before the actual distribution of the property, your lawyer will need to determine what property will be distributed and the value of said property. Equitable distribution states classify property as either “marital property,” assets acquired during the marriage and available for distribution, or “separate property,” assets acquired prior to the marriage and exempt from division. Our divorce attorneys have the necessary familiarity with North Carolina’s equitable distribution laws to distinguish property as either marital property or separate property. We also have the skill to trace the commingling of separate assets with marital assets, prevent unfair distribution and ensure that no assets or debts are overlooked.
Marital property may include anything you have that could be considered an asset, such as:
At Devan & Null PLLC, we strive to convert an otherwise stressful and contentious matter into a positive resolution. Our experience has equipped us to handle negotiation and mediation when appropriate, affording you greater control over the outcome and savings in attorney fees and time. If you and your ex-spouse are unable to initially agree on an equitable marital division, we are equipped to take your case to trial from simple to complex marital estates.