Frequently Asked Questions
We know family law can feel overwhelming—and sometimes, just getting clear answers makes all the difference. Below you’ll find thoughtful responses to the questions we hear most often, designed to help you feel informed, prepared, and empowered as you move forward.
What is the process for dividing marital property during a divorce in NC?
In North Carolina, dividing property in a divorce is handled through a process called equitable distribution. This doesn’t always mean a 50/50 split—it means a fair distribution based on a range of factors.
First, all property is classified as either marital, separate, or divisible:
- Marital property includes assets and debts acquired during the marriage.
- Separate property is usually what one spouse owned before marriage or received as a gift/inheritance.
- Divisible property covers changes in value to marital assets after separation but before distribution.
Once classified, the court looks at things like the duration of the marriage, each spouse’s income and needs, contributions to the household (financial and non-financial), and who will have primary custody of the children.
North Carolina courts aim for fairness, but the process can be complex—especially with homes, retirement accounts, or businesses involved. That’s why having the right legal strategy and advocacy is essential.
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