Achieving Equitable Spousal Support & Property Division Outcomes
What are your rights and obligations with regard to spousal support, post-separation support, and alimony? How will your marital property be divided? The answer varies with each divorce case. Talk to a family law attorney at the Hayes, Williams, Turner & Daughtry in Dunn, North Carolina, about your specific case.
In North Carolina, marital property is divided by a process known as Equitable Distribution. Both parties are required to prepare an Equitable Distribution (ED) inventory affidavit listing all property. To avoid delays, North Carolina law requires property division issues to be addressed prior to divorce. Many of these cases can be settled in six months or less.
- Your property division attorney will work with you to file your Equitable Distribution inventory, including all assets and debts.
- When necessary, we will ask the court for an interim distribution and emergency relief to assure you have the financial resources you need during the separation preceding the divorce, and to protect your assets from waste or destruction.
- We will prepare a pretrial order for property distribution and file it with the court.
- Equitable Distribution cases must also go through the process of mediation before trial. This often times helps the parties resolve the case. If your case is one of the few that go to trial, your divorce attorney will assure that your rights and interests are heard and protected.
- If there is any question about what marital property and debts exist, we will protect your financial interests using tools such as discovery, depositions, expert witnesses and interrogatories to assure all assets are reported and available for property division.
Divorce is a challenging change in most lives — especially when it comes to finances. Both spouses (and their children) need the resources to adjust to and support a new life.
- When there are disputes in income, your divorce lawyer may use discovery and tax returns to determine actual income. Military pay, for example, should include base pay and allotments. Income from a closely-held business or self-employment may require discovery to determine actual income.
- There is no formula for spousal support — also referred to as post-separation support or alimony. The amount of support and the length will be determined by the judge based on monthly income and standard of living, and many other complex factors.
As an alternative to court, we can prepare a separation agreement to help you divide your assets and debts with your spouse and also to address custody issues, if needed.
If you are seeking a lawyer you can depend on, an attorney who brings small town values together with a sophisticated understanding of the law, you can count on the attorneys at the Hayes, Williams, Turner & Daughtry law firm in Dunn, North Carolina. Contact our law firm today to schedule a free initial consultation.