Divorce Property Division
Experienced Help from Our Raleigh Divorce Attorney
During the process of divorce, it is inevitable that the subject of property
division will come up—sometimes as the forefront of conflict in
the procedure. As one of the most primary elements of a divorce, understanding
the laws and regulations in North Carolina that will govern the division
of your marital property can help to make the process smoother for you
and your former spouse. At Hopper Law Office, our firm's compassionate
and highly knowledgeable Raleigh divorce lawyer can simplify this process
and protect your interests every step of the way.
An Overview of Equitable Distribution in North Carolina
In North Carolina, as in several other states, divorce laws pertaining
to property division are based on the principle of equitable distribution.
In cases where the couple is unable to come to an agreement about how
the property is to be divided, the court will abide by the equitable distribution
laws of the state.
Once it is brought to the court, equitable distribution consists of three
- Identifying and distinguishing marital and separate property
- Valuating the marital property according to fair market value
- Distributing the marital property equitably
Equitable distribution means that a court will try to divide property fairly--not
necessarily in a 50/50 split. This involves a division of assets and liabilities
that are considered marital property and divisible property.
Separate property is whatever property belonged to you before marriage,
and inheritance or gifts you received while married that were for you
only--and not for you and your spouse. Whatever is considered separate
property is safely yours. Both you and your spouse can reach an agreement
on what is a fair division of marital and divisible property, or a court
will decide for you. Either in mediation or in a trial, having an experienced
Raleigh divorce attorney at your side can help you retain what is rightfully yours.
Usually any property that is earned or amassed during a marriage up to
the point of separation is considered marital property. Divisible property
refers to some changes in marital property that occur during separation
but before distribution.
This can include such things as:
- Interest payments
- Increased finance charges
These are things that took effect during separation, but started during
marriage. Not every change during separation will become divisible property.
If appreciation or dissipation of property occurs from an action taken
during separation, this is separate from both marital and divisible property.
Mediation in a Divorce Case
Before a divorce case goes to the courtroom, it will be mandatory for it
to undergo mediation. If no agreement can be reached during
mediation, the case will then to court where it will be decided according to equitable
distribution laws. Having a divorce lawyer guide you through the process
from beginning to end can help to increase chances of a favorable agreement
in mediation. If no agreement is reached, your Raleigh divorce lawyer
will then take the same advocacy to court, where he or she will petition
for a fair and equitable outcome.
Find Answers & Get Results with Hopper Law Office
Determining a just division of property can be a complex process, and things
get even trickier when labeling certain assets or liabilities as marital
or separate property. At Hopper Law Office, we have the knowledge and
experience to negotiate a favorable outcome on your behalf and can help
you avoid costly court proceedings. For over 20 years, our
family law attorney has been serving the community of Raleigh with all sorts of
sensitive matters, and we are prepared to do whatever it takes to help
you pursue an amicable solution for your marital separation.
Through our hard work and dedication to the needs of our clients, we have
earned numerous awards and accolades, such as being selected for the
2015 Top 100 Family Lawyers in North Carolina by
The American Society of Legal Advocates.Whether your settlement is arranged in or out of court, we can help you
achieve fair and optimal results. Nobody should have to experience a divorce
on their own. Let us carry some of the burden so that you can move forward
with peace of mind towards a better future.
If you want accountability and commitment from a compassionate legal representative,
contact a Raleigh divorce attorney from Hopper Law Office.