When trial courts enter orders in family law matters, such as alimony orders or equitable distribution orders, either party may appeal as long as they meet the requirements. There are various stipulations, such as rules about appealing interlocutory or temporary orders, but the general rule is that orders entered by…
As part of the North Carolina divorce process, spouses often have assets that need to be divided between them. Equitable distribution is an option if one or both spouses request it, and it is the process by which the court will divide the property in a way that is equitable…
Equitable distribution is available in North Carolina divorces whenever either party requests it. The court will determine the most equitable division of assets and debts, which is not always an equal split. Determining the most equitable distribution of the spouses’ property involves various factors, including: Income of each spouse at…
In a recent case involving trust property in an equitable distribution dispute, the North Carolina Court of Appeals vacated and remanded a trial court’s decision not to add a trust as a necessary party to the case. In Wenninger v. Wenninger, Husband appealed from three orders entered by the trial…
The language in any contract must be clear and unambiguous, and this standard is true of settlement agreements in divorce proceedings as well. When the terms of an agreement are left open to interpretation, it can lead to issues like contention and litigation. North Carolina Contract Verbiage Requirements Extensive case…
The division of property is one of the most significant factors in many North Carolina divorces. Spouses accumulate substantial assets and debts throughout their marriage, including real estate, retirement accounts, investment portfolios, vehicles, and bank accounts. North Carolina statutes support equitable distribution, meaning that if either spouse requests it a…
Equitable distribution in North Carolina is presumed to mean an equal split of marital property, but what happens if this division is unfair or unjust? Dividing Marital Property in North Carolina Assets and debts are considered marital, separate, or divisible property. Marital property can be included in the division of…
Property division can be one of the most contentious parts of a divorce. Further complicating this process is the fact that courts must determine not just how marital property should be divided but even what qualifies as marital property. Equitable distribution is an option in North Carolina divorces, but the…
Achraf Hakimi is an unknown name to most Americans. However, in Europe and most of the world, he is famous as the starting right back for Paris Saint-Germain, one of the most famous soccer teams in the world, and he represented his home country, Morocco, in the latest World Cup.…
DONATI V. DONATI, 2023-NCCOA-________ (2023) (unpublished). Facts: Husband and Wife separated and a claim for equitable distribution was filed by Husband, who claimed that he ought to receive more than fifty percent of all marital and divisible property. Husband contended that he sold his separate residence, a house owned before…