Equitable Distribution

The North Carolina General Statutes offers you a legal claim to protect your marital property interests and resolve disputes about them, as well as tools to handle ancillary matters surrounding your marital property. The legal claim is called Equitable Distribution (ED) and KJT-Law handles ED claims daily.

In North Carolina, ED is based on the community property theory so it begins with the premise your marital property is owned equally by you and your spouse. It is best to meet with KJT-Law prior to your date of separation, so you can become informed about ED and plan how to best divide the marital property between your spouse and you when you separate. Often, based on the circumstances present on your date of separation, you will feel like your spouse got more of the marital property than you because there was no plan in place. It is a frustrating and scary position for you to face and you will need an attorney to overcome the situation. Regardless of what happened on the date of separation, with a smart plan made at KJT-Law, you can obtain an equitable distribution of the marital property, even if it means an unequal distribution in your favor or the avoidance of an unequal distribution in your spouse’s favor. Call us to make that happen!

Practically speaking, KJT-Law knows the ED process well and can walk you through it. We will begin by filing your ED Inventory Affidavit (EDIA), which is a crucial document in the ED process and must be well-planned to get your best results. Soon after the EDIAs are filed, we will handle the next required step of the ED process, the Scheduling and Discovery Conference, Designation of Family Financial Mediator and Order for Mediation. Then, prior to ED mediation, we will have entered your pre-trial order, prepare you for ED mediation and attend it with you, so you have the best opportunity to resolve your ED case prior to trial. If your ED claim remains unresolved after ED mediation, we will get you ready for the best results from an ED trial.

Along the way, KJT-Law will obtain necessary authority to gain control and/or access to certain marital property items through an interim distribution and/or necessary authority to prevent your spouse from gaining such access and/or control over your marital property items through an injunction. These tools can prevent your spouse from draining a bank account without your knowledge or help you access money to survive for a while during the divorce process.

Applying our winning strategies and experience, KJT-Law will help you obtain your best equitable distribution!