Divorce / Equitable Distribution

Raleigh, North Carolina, Divorce Lawyers

Equitable distribution refers to the court’s division of marital property. “Equitable” isn’t necessarily “equal,” but rather fair, in the judge’s view. North Carolina law requires this method. This is obviously simpler when a couple has few assets. However, marital assets may include real estate, personal property (like jewelry, furniture, personal belongings) and intangible property (like pension plans, 401K plans, investment accounts, bank accounts, etc.). We can give you an idea of how a court would treat various assets, and negotiate or litigate these issues for you.

Most married people are surprised at the breakdown of their marriage. We can help you deal with this shock, and issues such as divisions of assets. We provide affordable solutions, comprehensive legal analyses and commitment to you, our client. Contact our family law attorneys today if we can be of assistance in facilitating your divorce amicably and effectively and in organizing your asset division thoroughly and fairly.

Divorce

Protecting your rights and explaining your legal options are our immediate goals in representing you during your divorce. At your initial consultation, we'll find out how long you've been married, whether you're separated or considering separation, if children are involved, and what kinds of assets and liabilities you have.

In the divorce section change it to read "When we have the answers to these and other questions, we can begin preparing for you for all of the intricate issues involved in a divorce. We can assist you in deciding whether the most appropriate route is collaborative law, settlement negotiations, or litigation. When it appears that typically divisive issues such as, property distribution, alimony or post-separation support can be discussed calmly between the parties, we believe settling these matters in rational, reasonable, and collaborative approach is often in your best interests.

Equitable Distribution

Among the factors that courts consider when determining the division of marital property are the length of the marriage; age and health of each party; home and household needs of the custodial spouse; any support obligations from prior marriages; the respective parties' income, property and debts; and any tax consequences that might arise.

Absolute Divorce

When spouses have lived separately for one year and one day, either spouse may obtain what's called an absolute divorce, according to North Carolina law. The only way a court's 12-month "clock," so to speak, will be reset on the relationship's status would be in the event of attempts at reconciliation within the continuous year. An accumulation of isolated attempts at reconciliation could cause the court to interpret them as a voluntary renewal of the relationship and to balk at ruling on an absolute divorce.

A request for an absolute divorce may under certain circumstances end your rights to post-separation support, alimony and equitable distribution of marital property. Another financial consideration is that if the marriage has lasted 10 years or longer, your Social Security retirement benefits could be improved, which might make the prospect of a divorce after a 10th anniversary more or less attractive.

Contact Batch & Williams Today

At Batch & Williams in Raleigh, our clients come first. And speaking of "firsts," we invite you to schedule your initial consultation with us by phone, fax or e-mail. We want to hear the particulars of your divorce and equitable distribution needs.

Contact our North Carolina law offices today. We return after-hours calls promptly and have access to Spanish-speaking interpreters, if necessary.