Raleigh Divorce Property Division Lawyers

Experienced Legal Representation for Your Property Rights

Divorce can be devastating. Not only are you dealing with the loss of a relationship that you likely believed would last for a lifetime, but there is also the issue of assets. You should not attempt to divide property obtained during the marriage alone. The Raleigh, NC family attorneys at Fresh Start Family Law can help you!

Contact Fresh Start Family Law at (919) 849-5744 to schedule your initial consultation.

Understanding Equitable Distribution in NC Divorce

In a North Carolina divorce, the parties involved in a divorce are generally each awarded half of the assets and half of the debts that accrued during the marriage. The legal term for dividing up marital assets and debts is “equitable distribution.” There are many exceptions to this general statement and as such you will need to discuss the particulars in your specific situation with a North Carolina divorce attorney to determine what your potential settlement may be.

In North Carolina, when spouses divorce, their marital property and debts are divided fairly, though not necessarily equally, between them. Applying this rule, known as equitable distribution, involves a sometimes-complicated process of identifying what property and debt is marital in nature. Under North Carolina equitable distribution, the spouses are usually each awarded half of the marital property and debt. However, the court is sometimes required to make unequal divisions.

Marital vs. Separate Property: What You Need to Know

In North Carolina, property owned by a married couple is divided into three categories:

• Marital property — This is all property acquired during marriage and before the couple separates, including physical property (like houses and vehicles) and intangible property (like benefits, retirement and pensions), except separate property.
• Divisible property — Changes in the value of marital property between separation and distribution are also usually subject to equitable distribution. Examples are interest and dividends on marital property and bonuses or commissions that a spouse earned before separation but did not receive until afterward. Also included is property acquired after separation due to a spouse’s efforts prior to separation.
• Separate property — Property that one spouse owned before marriage is not subject to equitable distribution. Separate property includes that which is acquired during marriage but intended for one spouse alone (such as gifts and inheritance), assets acquired in exchange for separate property and income earned or assets received by either spouse after separation.

The same definitions and rules are used to identify the spouses’ debts, which are subject to equitable distribution according to the same formulas.

Mediation: A Collaborative Approach to Property Division

In many cases, the parties can resolve property division through mediation, an informal process guided by a neutral third party. In North Carolina and prior to trial the parties will be required to attempt mediation. Mediation is an informal process allowing parties to work with a neutral third party (the “mediator”) to attempt to negotiate and settle all terms of their conflict. Communications and documents in the mediation process are generally confidential and cannot be used if the case eventually goes to trial. Parties can propose and agree to creative settlements that could not otherwise be ordered by a court during litigation.

If a settlement cannot be reached, and the case goes to trial, the court will identify value and distribute all marital and divisible assets and debts. Separate property is not divided but remains with the spouse who possesses it.

Why Choosing the Right Lawyer Matters

When it comes to navigating the complexities of property division during a divorce, having the right legal representation can make all the difference. At Fresh Start Family Law, we understand that every situation is unique and deserves personalized attention. Our experienced attorneys are not just knowledgeable about the law; we are dedicated to advocating for your best interests, ensuring that you receive a fair settlement.

Consider these factors when choosing a lawyer for your property division case:

• Experience: Our lawyers specialize in family law and have a proven track record in property division cases.
• Communication Skills: We prioritize clear and open communication, keeping you informed and involved every step of the way.
• Strategic Planning: Our team takes a comprehensive approach, analyzing your situation to develop a strategy tailored to your specific needs.
• Client-Centered Approach: We listen to your concerns and goals, ensuring that our legal strategies align with your vision for the future.
• Commitment to Advocacy: We fight vigorously for your rights and entitlements, so you can move forward with confidence.

Choosing Fresh Start Family Law means you’re not just hiring a lawyer; you’re gaining a dedicated partner in your legal journey. Let us help you find a way to a fresh start.

Choose Fresh Start Family Law for Your Property Division Case

Equitable division can mean liquidation of property so that the court can more fairly distribute assets. You need a lawyer, however, to help you determine if such is the best route for your situation.

Contact us online here or by calling (919) 849-5744 to schedule a consultation with one of our experienced family lawyers today!