North Carolina Divorce Lawyers Blog

Articles Tagged with Marital Property

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Bankruptcy can complicate family law proceedings, especially when trying to determine what assets will be distributed. Normally, bankruptcy can be used to shield certain properties from being included in divorce proceedings. However, certain types of assets will not be excluded because of one spouse declaring bankruptcy.

If your former partner declares bankruptcy during divorce proceedings, will that preclude you from being able to recover an interest in their pension benefits? Continue reading →

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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 trial courts are appealable if done at the right time.

Once an appeal has been filed and noted, can the court that entered the appealed order issue other orders in the same matter?

Crowell v. Crowell

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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 but not always equal. Continue reading →

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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: Continue reading →

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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. Continue reading →

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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. 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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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 process for requesting it is not standardized throughout the state[1]. Some courts and localities have specific rules regarding filing for equitable distribution, so consulting with a Greensboro divorce lawyer will ensure the district requirements are met. Continue reading →

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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. Needless to say, Mr. Hakimi is quite successful on the football pitch (soccer field) and has been rewarded handsomely for his talent. His contract at Paris-Saint Germain is rumored to be in the range of a million dollars a month. He’s had some legal issues recently; specifically he is under investigation by French authorities for an alleged rape. And even more recently, likely due to the underlying allegations, his wife has filed for divorce.  Continue reading →