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Some counties in North Carolina have self help centers or pro se divorce kits available for a nominal fee. The North Carolina Advocates for Justice maintains a list of family law attorneys.
Visit their website at com --- This brochure is presented as a courtesy of NCAJ’s Family Law Section.
Once a lawsuit has been opened, the court can resolve issues such as child custody and support, visitation, short term spousal support, alimony, and property division. What factors does the court consider before dividing the property?
The court must consider the following factors when dividing property: • Income, liabilities, and property of each party; • Support obligations from a former marriage; • Length of marriage, age, and health of both parties; • Custodial parent’s need to keep the marital home; • Expectation of pension, retirement or other deferred compensation; • Contribution toward marital property by the party not having title; • Contribution made by one spouse towards the education or career potential of the other spouse; • Contribution to an increase in value of separate property; • Liquid or non-liquid character of assets; • Difficulty of evaluating the value of a particular asset and the desirability of retaining such asset intact and free from any claim by the other spouse; • Tax consequences; • Acts of either spouse to maintain, preserve, develop or expand; or to waste, neglect, devalue or convert property during the period after separation and before distribution; & • Any other factor the court finds to be relevant.
If you have further questions about the information discussed in the brochure, you should consult an attorney.
It is suggested that you write down all questions prior to meeting with an attorney to ensure that your questions are answered directly and promptly.
Their decision regarding division of property must be included in a properly executed separation agreement that is signed by both parties with both signatures properly notarized. Post-separation support and alimony can be granted by the court when there is a need for spousal support.The party requesting support must actually be dependant on the other spouse for support or substantially in need of such support.