Asheville Attorneys Advocate for Fair & Equitable Solutions
Our divorce lawyers seek to minimize conflict in the distribution of property
North Carolina is known as an “equitable distribution” state. Upon the separation of a married couple, either spouse may petition the Court for an equitable distribution of the marital property (both assets and debts), regardless of title. Equitable does not necessarily mean “equal” and several factors are taken into account if a spouse is seeking an unequal, but fair, division of the marital estate. A spouse seeking an equitable distribution of the marital estate must 1) identify all of the marital property; 2) classify the marital property as marital or separate; 3) value each asset and debt; and 4) propose an equitable distribution of each asset and debt held by the marriage. This can be a confusing and daunting process. Montford Family Law attorneys are NC Board Certified Specialists in Family Law, and through their experience and understanding of the law, they will help you navigate towards a final distribution of your marital estate, whether by a negotiated out-of-court settlement or after a trial on the matter.
Emphasizing experience and meticulous preparation
Before the actual distribution of the property, we will need to determine what property will be distributed and the value of the property. Equitable distribution states classify property as either “marital property,” assets acquired during the marriage and available for distribution, or “separate property,” assets acquired prior the marriage and exempt from division. Our divorce attorneys have the necessary familiarity with North Carolina’s equitable distribution laws to distinguish property as either marital property or separate property. We also have the ability to trace the commingling of separate assets with marital assets, prevent unfair distribution and ensure that no assets or debts are overlooked.
Marital property may include anything you have that could be considered an asset, such as:
- Stocks and bonds
- Bank accounts
- Investment accounts
- Marital home and vacation homes
- Home furnishings
- Retirement funds
- Pensions and annuities
Minimizing conflict through tailored, non-adversarial legal solutions
At Montford Family Law, we strive to convert an otherwise stressful and contentious matter into a positive resolution. Our legal experience, temperament, and professional relationships with the members of the Family Bar allow us to first seek a negotiated settlement of your case, outside of the courtroom, when possible. Ultimately, when you are able to have a hand in the settlement of your case, you have greater control over the outcome, and the result is often achieved more quickly and with less expense than through litigation. While continuing to zealously advocate for your rights, we are able to seek creative resolutions to your seemingly complex matters through meaningful negotiations with your ex-spouse’s counsel.