In equitable distribution states such as North Carolina, assets acquired and liabilities incurred during the marriage, individually by one spouse or jointly by both, are considered marital property, subject to equitable distribution. This means that if the court decides on property division terms during a divorce, assets and debts are divided according to what the judge thinks is fair, though this is not necessarily an even split. At my firm, David Self Family Law and Mediation in Huntersville, I have the necessary knowledge and familiarity with North Carolina’s equitable distribution laws to guide you toward an appropriate result through settlement or at trial.
As an experienced family law attorney, I can explain which assets will be classified as marital property and which items are separate from the marital estate and not subject to equitable distribution. Separate property can include gifts and inheritances left to one spouse as well as assets acquired prior to the marriage. I also have the skill to trace the commingling of separate assets with marital assets, prevent unfair distribution, and ensure that nothing is overlooked, including investment accounts, retirement benefits, marital homes, automobiles and shares of businesses.
State law lists a dozen factors that a court must review if spouses can’t reach an agreement on property allocation, including:
No part of a divorce is enjoyable, but with skillful guidance, you can achieve a fair property division while avoiding unnecessary conflicts and costs.
I strive to convert stressful and contentious property division matters into positive resolutions. My experience has equipped me to handle negotiation and mediation when appropriate, affording you greater control over the outcome. But even if you and your ex-spouse are unable to initially agree on an equitable marital division, I work diligently to reach consensus by providing a detailed analysis of how a court might decide disputed issues.
David Self Family Law and Mediation represents divorcing spouses in North Carolina equitable distribution matters and other proceedings related to divorce. Please call 704-594-5364 or contact me online to schedule a consultation at my office in Huntersville.