The Dawson Law Firm, PC

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The content of this web site is not intended to be legal advice, nor does it create an attorney-client relationship with any visitor. Nothing herein should be construed to be a warranty of any result, which is prohibited by the NC State Bar Rules of Professional Conduct.

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WHAT IS EQUITABLE DISTRIBUTION?

North Carolina is among the majority of states that use the equitable distribution model to divide property when spouses divorce. The equitable distribution model divides property in a way that is fair, though not necessarily equal. If the parties cannot agree on how to divide the property fairly, the court will apply several factors to decide what is fair in the circumstances of the case.

Marital Agreements

The parties to a marriage can agree on how to divide property between them, as long as the agreement is legal in the place where it is drafted. This includes premarital agreements (signed before the marriage), post-marital agreements (signed during the marriage) and marital settlement agreements (signed at the time of divorce). If the parties do not have preexisting agreements at the time of the divorce, they are encouraged to work out a fair division of property between them. They can draft and sign a marital settlement agreement and file it with the court.

Division by the Court

If the parties are unable to work out what they agree is a fair division of property, the court will have to decide how to divide the property. This process is invasive, because the court will need to know all the property the parties have and the value of the property. It will also need to know all the debts. North Carolina Code section 50-20 presumes that an equal distribution of the property is a fair division, but the court must consider several factors to find out if an equal distribution is fair in a particular case. After considering these factors, the court has to submit written findings about its decision.

Property Division Factors

Unless justified by other fastors, the Courts will divide the Marital Estate equally. The statute requires a court to consider a long list of factors in deciding whether to grant an Unequal Distribution in favor of one of the parties. Factors which would justify an unequal, but equitable, distribution include: 1) income, assets and debts of parties, 2) support obligations from prior marriages, 3) length of marriage and age and health of spouses, 4) need of custodial parent to live in family home, 5) future expectations such as pensions or retirement funds, 6) contributions of one spouse to property in the name of the other, 7) contribution of one spouse to education or career of the other, 8) contribution of one spouse to separate property of the other, 9) character of assets, 10) how easily assets can be evaluated, 11) tax consequences, 12) waste of assets by either party, and 13) other relevant considerations. If necessary, the court has the power to change title on property in order to make a fair division that meets the needs of the family.

THE DAWSON LAW FIRM, PC

534 East King Street * King, N.C. 27021

1-888-433-1169

336-983-3192

Fax 1-888-448-3901

Fax 336-983-3923

help@thedawsonlawfirm.com

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In this Site, we will provide online Forms, Intake Sheets, and other Documents for your use and convenience. Currently, we have Intake Forms online for Social Security Disability, Workers Compensation, and Personal Injury cases. In the near future, we will add an intake form for Drivers whose licenses are suspended or revoked. We will also provide links to helpful sites, such as an online  child support calculator. We want to make it easy for people to get the help they need. We also understand that many clients are disabled and have great difficulty traveling. For those who are unable to visit our Office, we may send a staff member for a home visit.  

The Dawson Law Firm, PC

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534 East King Street * King, N.C. 27021

Phone 336-983-3192 * Fax 336-983-3923

Toll Free Phone 1-888-433-1169  *  Fax 1-888-448-3901

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FOR DIRECTIONS TO OUR OFFICE:

Use North Carolina's Child Support Guidelines to determine the parties' support obligations. The same Worksheets that are used in Court are included. Also, for your use and convenience:

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