North Carolina Divorce Law – Raleigh Divorce Lawyer
Divorce Laws, Forms, Calculators, and Family Law Help
Quickly find the answers you’re looking for as it pertains to Property Division in North Carolina.
In order to effectively divide a qualified plan – including pension plans, profit-sharing plans, and 401(k) plans – a Qualified Domestic Relations Order (QDRO) must be entered by the Court. It is not sufficient for your separation agreement or divorce decree to state that you are entitled to a portion of your spouse’s retirement. The […]
Read More
Another thing that can affect an ED claim is whether both parties survive. The time of a spouse’s death can make a critical difference in the viability of a pending ED action. The death of a spouse prior to the granting of an absolute divorce, but while the ED claim is pending, will bar ED. […]
Read More
In general, under prior law reconciliation was deemed to void the executory or unperformed provisions of a separation agreement that contained property provisions. The courts now draw a distinction between pure separation agreements, in which separation is of the essence, and contracts in which the parties intend a complete property settlement, unrelated to whether they […]
Read More
In addition to bar by absolute divorce obtained without preservation of an equitable distribution (ED) claim, the other common bar to ED is prior execution of a valid, comprehensive property settlement dividing the parties’ property or otherwise releasing the right to ED. So long as the agreement is duly executed in accordance with the formal […]
Read More
There are various defenses that can be asserted against a claim for equitable distribution including absolute divorce, a prior property settlement, reconciliation, death, and federal law.
Read More
In most ED actions, the statutes do not permit one party to recover attorney’s fees from the other party. The one small exception to this rule allows the discretionary award of reasonable attorney’s fees and costs to the owner of separate property who sues the other spouse to regain possession of separate property removed from the […]
Read More
Temporary orders and injunctive relief are obtainable under the terms of special statutory provisions that allow for injunctive relief to prevent disappearance, waste or conversion of property alleged to be marital or separate, and that also allow for entry of orders for dividing part of the marital assets. The partial distribution may provide for a […]
Read More
At any time after the separation of the parties, either may file an action for ED, either as a separate action, or together with another action brought pursuant to Chapter 50, or as a motion in the cause. A final ED judgment may be rendered either before or after the parties are divorced, at the […]
Read More
The court is required to fix the net value of the marital property as of the date of separation, with net value being market value, if any, less the amount of any encumbrances. The net value is thus the value that a court would be dividing between spouses.
Read More
Some property is of dual character, being part marital and part separate. Numerous cases have addressed these distinctions and should be consulted for specific details beyond the scope of this book. Briefly stated, dual classification occurs in a number of situations, e.g., where earnings and a non-owning spouse’s efforts during the marriage are applied to […]
Read More
