North Carolina Equitable Distribution Pretrial Order is a court order issued by the court prior to a trial that outlines how marital property will be divided in a divorce. This type of order is typically used in North Carolina in cases where the parties have been unable to agree on the division of marital property. The pretrial order outlines how the property will be divided, including details such as who is entitled to retain the property and who is responsible for any debts associated with the property. Types of North Carolina Equitable Distribution Pretrial Order include property division orders, spousal support orders, and child support orders. Property division orders divide both the marital and separate property of the parties, and allocate debts between the parties. Spousal support orders outline the amount and duration of support to be paid by one spouse to the other. Child support orders outline the amount of financial support to be provided to the children of the marriage.
North Carolina Equitable Distribution Pretrial Order
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FAQ
Property can be divided in any amount. However, in most North Carolina divorce situations, equitable distribution law presumes an equal 50/50 division ? meaning each spouse receives half of the estate.
Equitable distribution in North Carolina means the court will review your assets and depts in a divorce, decide what is fair , and divide your property ingly between both spouses. However, this does not mean the split will be 50/50.
To the Court, this language was clear and unambiguous?a pending claim filed after separation and before the entry of a divorce judgment preserves the claim. There are no statutes of limitation that would bar a claim otherwise.
North Carolina is an equitable distribution state, meaning the law presumes that an equitable distribution of property is an equal distribution of property, a 50/50 split of all marital and divisible property.
The equitable distribution statute requires an equal division of the couple's marital property. In an equal distribution, one spouse would receive 50% of the marital property and the other spouse will also receive 50% of the marital property.
Some factors that a court may consider include the duration of the marriage, the value of the marital property, each spouse's contribution to the marital property, the spouses' respective sources of income or earning capacities, and the economic circumstances of each spouse upon the division of property.
