Equitable Is Not Necessarily 50-50

Divorce is a stressful time for you and your family. All of a sudden, you have to figure out how to divide what you have worked so hard to build together.

Fortunately, you are not alone. The attorneys of Miller & Illikainen are ready to help you work through the legal issues of divorce and promote your best interests throughout the process. As divorce lawyers, we have experience handling marital property division in divorce for both nonmilitary and military families. The sooner you meet with a qualified attorney, the sooner you can start making plans for your new life after divorce.

Dividing Your Property And Finances

North Carolina promotes equitable division of marital property. That means that if you get divorced in North Carolina, any assets or liabilities that are considered marital property are divided fairly, which does not necessarily mean 50-50.

We tell clients that the simplest way to handle property division — including the house, retirement accounts, pensions, benefits, other assets and debt — is for you and your spouse to sit down together at the kitchen table and decide who gets what. Your decision can then go into your separation agreement.

If the two of you cannot agree, the court will divide your assets and liabilities. That might be a 50-50 split or an unequal distribution. The court has a fair amount of discretion and will factor in how long your marriage lasted, who has custody of the children and the income of each spouse. A judge may also consider the health and age of each spouse.

A Seasoned Advocate On Your Side

We understand how difficult it can be to make clear decisions during the ups and downs of divorce.

Our team will investigate and evaluate your property to determine its fair market value. We are prepared to negotiate on your behalf and protect your interests at all times. If necessary, we will pursue litigation. We have your best interests at heart, and show this commitment every day with vigorous, passionate advocacy.

Take Action Today

The sooner you meet with one of our attorneys, the sooner you can start making plans for your new life after divorce. To schedule an initial consultation with a lawyer experienced in North Carolina marital property division, send our Fayetteville law office a message online. Or call 910-401-2280.

To allow us to better serve you, please fill out our client information form and bring it to the office with you when you visit for your initial consultation.