Property Division Lawyers in Greensboro, NC Aid Divorcing Clients
North Carolina firm pursues fair terms regarding asset allocation
Unwinding the financial ties that spouses have developed over years of marriage can be tricky and marked by conflict. At Sigmon Klein, PLLC in Greensboro, our skillful family lawyers help Triad clients secure fair outcomes during divorce settlement negotiations, as well as in court. You can rely on us to protect your interests under North Carolina’s equitable distribution law and to seek creative ways to resolve difficult issues that arise over the division of marital assets and debts.
Experienced attorneys advise on equitable distribution matters
Understanding how property will be distributed in your divorce helps you make smart choices about how to proceed. No matter how complex your situation is, we make sure you’re fully informed on legal standards relating to:
- Marital and separate property — The first step in allocating assets and debts between divorcing spouses is determining what items are subject to division. Most property acquired by either party from the time the couple was wed is considered part of the marital estate. For example, it does not matter which spouse earned the income when the proceeds are divided. Separate property, such as assets owned individually by a spouse prior to the marriage and inheritances left to just one spouse, are not divisible. These assets remain with the individual who acquired them.
- Equitable distribution — If the spouses cannot reach consensus on how to divide their property, North Carolina courts issue an order based on the principle of equitable distribution. This might mean that the parties split the value of the marital estate evenly, but it does not have to. Rather, the judge sets property division terms based on what they think is fair, which could result in one spouse leaving the marriage with a greater share of marital assets than the other.
- Treatment of key assets and debts — It’s critical to hire a skillful family law attorney who can pursue fair terms related to important marital assets and debts such as the family home, any remaining mortgage obligations, expensive jewelry and other types of valuable property. Our firm offers knowledgeable counsel on these issues and can explain how investments and assets such as retirement accounts and pensions might be valued and allocated.
- Factors used by courts — Judges can look at any relevant information during their equitable distribution analysis, but factors that frequently come into play include the length of the marriage, the age of the parties, each spouse’s earning ability and their contributions to the marital estate.
While divorce can be trying emotionally, you should not overlook your financial well-being as you start the next phase of your life. We are determined to protect your interests in discussions and litigation addressing the division of marital property.
Attorneys handle cases involving existing prenuptial agreements
Couples who have executed a valid prenuptial agreement already have a framework for the division of marital assets once their union has dissolved. However, there are instances where a judge might overrule the terms of the document. For example, if there is evidence that one party used fraud to induce their partner into signing the agreement, the document would be thrown out. Likewise, a court does not have to enforce a provision that is unconscionably unfair to one spouse. If you have a prenuptial agreement in place, we can analyze its terms and assess whether a judge will abide by them. Our firm assists clients who seek to uphold prenups, as well as those looking to challenge their validity.
Contact a Triad divorce lawyer for a consultation about marital property division
Sigmon Klein, PLLC provides knowledgeable counsel on property division issues and other aspects of the North Carolina divorce process. Our office is in Greensboro and you can schedule a consultation by calling 336-697-6790 or contacting us online.
