Morganton Property Division Attorneys
Dedicated Legal Advocacy to Ensure Our Clients Get What They Deserve
When going through a divorce, not everyone will have to deal with the same issues. After all, couples without children don’t need to face the legal intricacies related to parental rights, child support, and custody battles. However, nearly all former couples will have to divide marital property during a divorce. This is why it’s critical to work with a Morganton, NC property division lawyer.
At Webster & Back Law, our dedicated family law attorneys have spent years serving Burke and Caldwell Counties. We have the extensive experience necessary to help our clients fight for favorable outcomes. At times, we can help you deal with these issues outside of court — that way, everyone in the public has to stay out of you and your former spouse’s business.
However, we’re ready to fight if litigation is necessary. Contact us today for a confidential consultation.
How Does Property Division Work in North Carolina?
North Carolina property division laws are dealt with under equitable distribution rules. These rules mean that the courts aim to divide properly in a fair manner, but this doesn’t necessarily mean in an equal manner. The courts prefer when divorcing parties can reach agreements on their own, but if they can’t, assets and debts will need to be divided into two categories: marital property and separate property.
Marital property includes assets and debts acquired by either spouse during the marriage and before the date of separation. Attempting to hide assets to protect one’s own financial stability may be treated as a criminal act, as our state takes property division very seriously. Separate property includes assets and debts acquired before the marriage — along with certain other assets (e.g., gifts, inheritance).
While this may seem simple, the reality is that these issues can quickly become complicated. For instance, separate property is often commingled, and every client we’ve had in this situation is surprised to learn that their property may no longer be theirs. That’s why hiring a Morganton property division lawyer is critical. At our law firm, you’ll work with an attorney who’s committed to your best interests.
Can Other Issues Affect Property Distribution?
Typically, property division is its own issue within a divorce. In many cases, other legal matters will not affect this legal process. However, there are unique circumstances where separate issues can have an effect — even if those issues are not relevant to a family law case.
Child Custody Arrangements
Your divorce lawyer may speak about child custody and property separation as two distinct issues, but the parent who is granted custodial rights will often be given the family home if it ensures stability for the children involved.
Child Support Payments
In cases where one parent has to pay significant child support, the courts may grant them a higher proportion of liquid assets (e.g., cash, savings). These assets help ensure the paying parent has the appropriate resources to provide financial stability for their child.
Criminal Law
As former prosecutors, the legal team at Webster & Back Law can attest to the fact that criminal law occasionally affects property division. Crimes involving misuse of marital property could result in a smaller share of property for the accused. Domestic violence and child abuse allegations may also influence distribution if they affect the stability and safety of one spouse.
Contact Our Morganton Property Division Lawyers Today
Every person who has ever gone through a divorce has faced stress and difficult challenges. Even if someone is lucky and doesn’t have to deal with matters involving alimony and caring for children, they still need to handle the division of property at the end of their marriage. Fortunately, this is not something they have to do alone. Experienced legal services are available.
At Webster & Back Law, we’re ready to throw our full support behind you. When you visit our office for a consultation, we’ll review all your legal options and discuss the best ways to secure a more favorable outcome. Even if you and your former partner are willing to end your marriage amicably, we can take care of the legal intricacies involving documentation and court submission.
Put simply, our Morganton property division lawyers are here to help. Contact us at (828) 677-2175 for your confidential consultation.