News & Insights from Our Charlotte Divorce Attorneys

Blog Posts in March, 2015

  • Equitable Distribution: Dividing Property

    Once you and your spouse separate, you may choose to divide your property by a separation agreement or by bringing a claim in court for equitable distribution (“ED”). There are two bars that will prevent you from pursuing an ED claim in court. First, an absolute divorce prevents an ED claim, unless the claim is pending at the time of the divorce. There are some very specific and rare exceptions to ...
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  • Types of Property Involved in Property Distribution: Marital, Divisible, and Separate

    When the court divides property from a marriage pursuant to an equitable distribution claim, the court must first classify the property as either marital or separate property. Marital property is defined in North Carolina General Statute Section 50-20(b)(1) as all real and personal property (including debt) acquired by either spouse or both spouses during the course of the marriage and before the ...
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  • Interference by Others in the Marriage: Alienation of Affection and Criminal Conversation

    When a person interferes with a married couple’s relationship, there may be grounds for a lawsuit against that person. This most often occurs when a spouse has an extramarital affair. There are two claims that a spouse may file against this person in North Carolina: alienation of affection and criminal conversation. Alienation of Affection North Carolina is one of only seven states that still ...
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