Diligent North Carolina Divorce Attorney Assists Clients Throughout the Asset Division process

Reputable Sanford family lawyer advocates for fair distribution of property

The division of assets is often a big area of contention in divorce. At the Law Office of John M. Holmes, Jr. in Sanford, I assist clients who are facing challenging property division issues. If you and your spouse cannot agree between yourselves on how marital property should be divided, I will look out for your interests and advocate for your rights in the courtroom. My goal is to help you reach a fair resolution when it comes to property division.  

Counselor advises clients on North Carolina’s equitable distribution law

North Carolina uses the rule of equitable distribution when dividing marital assets and debts. Under this rule, judges split the property based on what they deem fair. This does not necessarily guarantee an equal 50/50 split. Factors that can influence a judge’s decision in dividing assets and debts include the following:

  • The incomes and debts of each spouse
  • How long the couple was married
  • Age and health of each party
  • Tax implications to both parties
  • What each spouse contributed to marital assets
  •  Prenuptial & postnuptial agreements

When my family law firm represents you in property determinations, I will ensure the court is fully informed about all the circumstances and factors of your situation in order to gain a fair division. 

Knowledgeable advisor helps spouses understand marital and separate property

Marital property includes assets that a couple obtained during marriage, such as the marital home, cars and other vehicles. Even retirement accounts funded during the marriage could be considered marital property. Separate property, on the other hand, includes assets each spouse had before the marriage, as well as inheritances and gifts from third parties to one spouse. Marital property is subject to division in divorce, as are any debts gained during marriage. Separate property and debts are not subject to division. Categorizing assets and debts can be very complicated. I can help you understand what is subject to division and what is considered separate property.  

Contact an experienced North Carolina attorney who will advocate on your behalf

At the Law Office of John M. Holmes, Jr., I provide sound advice and experienced guidance to North Carolinians during all facets of divorce, including in the fair division of property. To schedule a free consultation, call my Sanford firm at 919-897-2423 or contact me online.