A New Bern Divorce Lawyer to Fight for Fair Property Distribution
During your marriage, you and your spouse have built a life together that may include a house, vehicles, and retirement accounts. Now that the marriage is ending in a divorce, it’s important to protect what is rightfully yours and ensure you receive your fair share of the property you and your spouse amassed during your marriage. During a divorce, income, assets, land, real property, and belongings are considered property. An experienced divorce attorney in New Bern will work on your behalf to make sure all factors are considered during the equitable distribution of property during your divorce.
Understanding Marital and Separate Property in Divorce
In North Carolina, assets and earnings acquired during the marriage are subject to an equitable division of property. This means that property will be split fairly with the assumption of 50/50 distribution.
It’s important to note that this only affects marital property. Property gained before your marriage is not considered a marital asset. For example, if you owned a car or bought a house prior to getting married, your spouse is not entitled to that property, but if you bought a house during your marriage, he or she may be entitled to a portion of the proceeds or to the property itself.
Working with a Divorce Lawyer Who Understands Equitable Distribution
While equitable distribution of marital property assumes a 50/50 split, there are factors that can affect this distribution to ensure fairness over equal division. An experienced Craven County divorce attorney should fight on your behalf to make sure these factors are a consideration to help you get what is rightfully yours. In accordance with North Carolina General Statute 50-20, factors include:
- Income of each party, including salary, stocks, and commission
- Length of the marriage
- Physical health of each spouse
- Custodial spouse needs – if there are young children, is it best for the parent with primary child custody to maintain the family home?
- Contribution of one party’s education by the other – did one spouse pay for the other’s education, thus allowing him or her to improve finances
- If one spouse’s role was a stay-at-home parent
- Retirement accounts started prior to the marriage but maintained during the marriage
- Contributions that benefit the value of separate property – such as helping to make a business more valuable or increase the value of a home purchased before the marriage.
It’s important to note that marital misconduct, such as adultery does not affect property distribution, but it is a consideration when seeking or opposing alimony payments.
A Satisfying Resolution of Property Distribution
If you are seeking a simple divorce or collaborative divorce in New Bern, dividing property can often be completed during the mediation process. While high net worth divorces are much more complicated due to the volume of marital assets, a successful agreement can still be achieved during negotiation and mediation. However, our team of divorce lawyers are not afraid to go to court to win the resolution you deserve.
Divorce Lawyers with a Track Record of Success
At Irons & Irons, P.A., our firm is proud of our success record regarding property division for our clients. We take a comprehensive approach to your property and provide personalized strategies designed to achieve the best outcome for your case, factoring in your unique needs.
Whether we are providing counsel in an amicable collaborative divorce or you need an aggressive litigator on your side to fight on your behalf, we have the skills and experience necessary to help you achieve your goals. With our representation, you can feel confident that you will begin your new phase of life after your divorce with your fair share of assets and property.
Contact the New Bern Divorce Attorneys at Irons & Irons, P.A.
When you are facing a divorce, it’s important that you receive a fair distribution of property. To schedule an initial consultation with one of our New Bern attorneys, call 252-320-7399 or simply complete the contact form below.
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