North Carolina Divorce Lawyers Blog

Articles Posted in Property Division

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Timeframes and deadlines are a vital part of family law cases, both in trial court and appellate court. Whether filing an answer to a divorce complaint, responding to discovery requests, or objecting to a subpoena, deadlines are a regular part of civil court in North Carolina. In some situations, the consequences for missing a deadline only consist of additional paperwork or a request to the judge. However, there are times when failing to meet a deadline can prevent you from having your case heard, which is what happened in the North Carolina Court of Appeals case of Thiagarajan v. Jaganathan. Continue reading →

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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 court will determine a fair and equitable division of marital property.

Spouses with prenuptial or premarital agreements may believe that this contract prevents an equitable distribution of property in a divorce, but that may not be true. Precise wording is critical because not all agreements meet the requirements to waive equitable distribution.

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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?

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North Carolina family law cases often decide on some of the most important elements of a person’s life. From property and assets in a divorce to child custody arrangements, the outcome of these cases can significantly impact everyone involved. If you feel that the court’s decision is incorrect or unjust, you may be able to file an appeal.

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The US Constitution’s Full Faith and Credit Clause[1] requires states to honor certain orders from other states, including divorces, child custody, and spousal support. However, not every family law matter is straightforward, and moving to North Carolina from out-of-state may present some challenges and unexpected changes. Continue reading →

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Meeker v. Meeker, 2024-NCCOA-______ (2024).

Facts:   Husband and Wife married in 1982 and had two children. They separated in 2009 and finalized their divorce in May 2011.

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Salvadore v. Salvadore, 2021-NCCOA-680 (2021 unpublished)

  • Facts: Wife and Husband married in 1989. During their marriage, Husband would frequently change his job. Husband had a peculiar habit every time he changed jobs that required relocation to another state. He would stay in hotels and campgrounds in the new state while Wife would stay at the marital residence at the old state. Husband would also regularly return to the marital residence on weekends. This would continue until the couple bought a new home in the new state. When Husband accepted a new job in New York, he continued this habit. However, before he left, he asked for a separation on April 17, 2017. But true to habit, he stayed in hotels in campgrounds in New York, while returning to the marital residence in North Carolina on weekends. This happened until July 16, 2017—the last night he spent in the marital residence with Wife. As part of his appeal of an equitable distribution order, he argued that the date of separation should have been April 2017, not the July 2017 date.

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Divorce is a complex process that involves not just the emotional separation of two people but also the intricate untangling of their financial lives. A recent case, heard by the United States Court of Appeals, First Circuit, highlights this complexity, particularly when it intersects with issues of alleged financial wrongdoing. If you or someone you know is contemplating a divorce in the future, it’s essential to stay informed about such cases, as they can offer valuable insights for anyone navigating a divorce in Greensboro, or elsewhere. Continue reading →

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In the world of high-profile divorces, the recent separation of Wolfgang Porsche from his wife Claudia, due to her dementia-like illness, offers a poignant example of the unique challenges faced in such cases. As Greensboro divorce lawyers, we often encounter complex and emotionally charged situations, but divorces involving degenerative cognitive diseases like dementia present particularly sensitive challenges. Continue reading →

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Either party in a divorce can request equitable distribution, but that request must be made before the divorce is final.[1]

Equitable distribution is the process in which the court determines how best to divide the spouses’ assets and debts, specifically their marital property and divisible property.[2] This is often a preferred method when there are significant assets, numerous financial accounts, or multiple pieces of real property. Continue reading →