Property Division in Divorce
Our family lawyers undertake work involving a broad range of cases, including:
- Divorce Representation
- Child Custody & Support
- Property Division
- Spousal Support & Alimony
- Adoption Law
- Military Family Law Matters
- Relocation
- Prenuptial & Postnuptial Agreements
- Mediation & Collaborative Law
Divorce Representation Serving Sampson and Johnston Counties in North Carolina
From simple to complicated, you can count on our team of experienced lawyers to help you navigate your divorce.
- Uncontested Divorce
- Contested Divorce
- High-Asset Divorce
- Divorce Involving a Business
Going through a divorce can feel stressful, and confusing. Rely on our team for caring guidance and strong legal support during this tough period. We handle every part of the divorce process, working hard to make sure your rights and interests are looked after. Learn more about our divorce law services.
Child Custody Agreements
Our family lawyers will help you set up custody and support plans that are best for your kids while also protecting your rights as a parent. Whether you are dealing with a tough custody issue or just need simple changes to an old agreement, we’re here for you. Give our team a call today with your questions.
Property Division Law
Dividing up property during a divorce can be extremely difficult and stressful. Our DWSL property division lawyers work with you to divide everything fairly, including homes, savings, retirement plans, and debts. Our goal is to protect your finances and help you build a steady future after divorce.
Fair Solutions for Spousal Support & Alimony
Whether you are seeking alimony or disputing it, we help clients reach legal agreements that are fair and realistic. Our team will make sure you are aware of and understand the options for spousal support in North Carolina. Once we set a course of action, we will stand up for your rights during legal mediation or in court if necessary. Reach out to our team today to get started.
Adoption Family Law Experts
While bringing a new member into your family through adoption is exciting, there is also a lot of legal paperwork involved. This is true whether you are working with an agency or a family member, or even when you simply want to adopt your step-children. When you work with our family lawyers, we make sure that your parental rights are clearly established.
Experienced Military Family Lawyers Based in North Carolina
Military life brings different legal problems, such as moving often or dealing with special federal rules. Our family lawyers have specific experience working with military law, especially in the context of NC state laws. We’ll help you comply with the laws that apply to military members and their families, like the Service members Civil Relief Act. Plus, we’ll help make sure everything follows those rules, and that your parental and financial rights are protected.
Relocation – Helping You to Adjust Custody Arrangements When Moving
If you are considering a big move, or your ex is thinking of moving, we can help you understand how the North Carolina laws work when it comes to existing child custody and visitation arrangements. We work to update existing custody plans to fit your new situation, always focusing on what’s best for your child.
Prenuptial & Postnuptial Legal Agreements
A prenuptial – or a postnuptial agreement – can help you and your partner protect your belongings and set clear expectations. Whether you have a complicated assets to manage, like a family business, or just want to set clear expectations for the future, a clearly defined agreement can provide peace of mind, We’ll write or review these documents to make sure they follow the law and offer security for your future.
Legal Mediation & Collaborative Family Law
We offer mediation and collaborative law services for people who want to minimize the probability of having to spend time in family court. Our legal mediation services can serve as a substitute to actual court in some cases. This can save everyone time and money. Reach out to our team with any questions you have about our mediation and collaborative family law services and request an initial consultation.
Divorce Property Division FAQs
Is property always split 50/50 in a North Carolina divorce?
North Carolina is an equitable distribution state, meaning courts generally presume an equal (50/50) division of marital property, but the court can divide property unequally if fairness requires it based on certain statutory factors
What does “equitable distribution” mean?
Equitable distribution means the division of property should be fair, but not necessarily equal. The court considers many factors—such as the income and debts of both parties, length of the marriage, contributions to property, and needs of any children—when making its determination.
What is considered “marital property” vs. “separate property”?
Marital property includes most assets and debts acquired during the marriage, regardless of whose name is on the title. Separate property includes assets owned before marriage, as well as inheritances or gifts received by one spouse and kept separate. Only marital (and sometimes divisible) property will be divided, not separate property.
Can separate property become marital property?
Yes. Separate property can become marital property if it is mixed with marital assets (commingling), re-titled in both spouses’ names, or used for joint marital benefit. Disputes about classification are common and may require legal argument in court.
Who gets the house if it’s only in one spouse's name?
The name on the deed is not the deciding factor. If the house was purchased during the marriage (with marital funds), it is typically considered marital property and subject to equitable distribution, regardless of how it is titled.
What if one spouse wasted marital assets (e.g., gambled away money)?
While marital fault (e.g., infidelity) does not impact property division, financial misconduct, like wasting or hiding marital assets, can be taken into account and may affect the division to compensate the other spouse.
What factors will the judge consider in dividing property?
Judges look at many factors including the duration of the marriage, each party’s contributions, non-marital obligations, financial needs, health, age, and any actions taken that impacted property value or maintenance.
Can spouses agree on property division without a judge?
Yes. Spouses can negotiate a settlement and incorporate it into a separation agreement, as long as it meets North Carolina legal requirements. If spouses cannot agree, the court will decide
How can I start the process of property division?
A spouse must file a claim for equitable distribution, which can be done as part of the divorce proceedings or even afterward. The process involves identifying, classifying, valuing, and ultimately distributing property and debts. Reach out to our team to get started.
Our Divorce Lawyers Are Ready To Help
Schedule a free consultation today
Please contact the law attorneys at Daughtry, Woodard, Lawrence, & Starling to schedule an initial consultation to discus the details of the legal situation you are facing. We have office locations in Smithfield and Clinton, and serve clients throughout the surrounding areas.