Property Division
Property Division Attorney Serving Fayetteville, Fort Liberty, Eastover, NC & Beyond
North Carolina Equitable Distribution Lawyer
Other than child custody and child support, property division is easily the most contentious issue in a divorce. Rather than spending a ton of money fighting each other for every last spoon in a house, it is beneficial to think outside the box when approaching property division. A skilled family law attorney can help you protect your property rights and maintain your dignity.
At Ferguson Law Firm, we work closely with civilians and military personnel who are going through divorce. Patricia Ferguson is a property division attorney in Fayetteville, NC who takes pride in helping people attain equitable distribution. She understands how difficult divorce can be and will provide you with the honest advice and personal representation you need.
To arrange a consultation, please call our firm at
910-860-2889. We proudly help those in Fort Liberty, Hope Mills, Spring Lake, Eastover, NC, and the surrounding areas.
What is Considered in Equitable Distribution?
The equitable distribution process takes several factors into consideration when deciding how to divide your property and assets. These factors include:
- The Duration of Your Marriage
- The Age and Health of Each Spouse
- Child Custody: Will one spouse be primarily responsible for the daily needs of your children?
- Financial Needs: The current and future financial needs of each spouse will be considered; this includes any potential need for future education.
- Finances: Your current financial earnings and future earning potential will be considered.
- Contributions: These apply to both monetary and physical assets (money, property, etc.) as well as non-monetary contributions to the marriage, including child care and labor in/on your marital property.
- Separate Assets: The overall value of any separate property each spouse might have will be assessed and factored into the decision.
- Obligations: This includes any alimony or child support that one partner might owe from a previous marriage
- Behavior: Any adverse behavior from one spouse (debt, abuse, infidelity, etc.) may be factored into the decision.
Above all, it is important to remember that equitable does not always mean a 50/50 split. There are a number of considerations to be made when dividing property between spouses.
Equitable Distribution Law in NC
Chances are most stuff is not worth as much as you think, and it would be unwise to engage in lengthy litigation over a couch you bought 15 years ago.
It is however very important to identify the true value of all properties, assets and debt in order to gain a clear picture of what a fair property settlement will be.
The law is vague around this financial issue which means equitable distribution can come down to negotiation more than legal guidelines. It is presumed by law that a 50/50 settlement is equitable, but other factors come into play. For instance, the spouse who is now taking care of the children will likely receive more. Also, if adultery or the wasting of marital assets was involved in the breakup of the marriage, a spouse can be penalized for that.
As you can imagine, these cases can be severely complex. It’s one of the reasons why Patricia Ferguson excels in this area of law.
Fighting To Achieve a Lasting Resolution
While we try to find a reasonable solution, not all parties are willing to be reasonable. When it is in our clients’ best interest, we will fight aggressively in court. Patricia Ferguson is a tough negotiator who won’t roll over easily and the other attorneys know it.
Call our Property Division Attorney for Lasting Resolutions
To discuss your property division needs with a skilled family law attorney,
contact our firm today.
