Property Division Attorney
Property Division is an area of conflict that we are skilled at guiding you through. Our clients may resolve the issues of property division and Cash Flow (also known as Alimony) in a Separation Agreement drafted through Collaborative conferences. The rights to equitable distribution (“ED”) of marital property vest at the time of the parties’ separation. The rights to ED are not, however, automatic, but must be specifically asserted by one or both of the parties. There are multiple options for asserting a claim for Equitable Distribution including a Separation Agreement reached by collaboration.
Alternatively, upon application of a party, the court shall determine what is the marital property and shall provide for an equitable distribution. At any time after the separation of the parties, either may file an action for ED, either as a separate action or together with another action brought pursuant to Chapter 50. If the parties choose the path of litigation a final ED judgment may be rendered either before or after the parties are divorced. If the judgment is being entered by consent, the parties themselves can stipulate to do so prior to the divorce. Lastly, and most simplistically, the parties can agree to the terms of a Separation Agreement and Property Settlement through the help of our skilled attorneys.
Cash Flow or Alimony Attorney
Cash Flow (also know as Alimony) in North Carolina is payment for the support and maintenance of a spouse, either by lump sum or on a continuing basis. Alimony is paid by the “supporting spouse” to the “dependent spouse.” There are numerous factors in deciding if a spouse is dependent. The Courts can determine alimony, or it can be settled out of court in the form of a Separation Agreement. Alimony conversations are difficult and but they can be addressed in an amicable and straightforward conversation instead of a bitter, ongoing struggle. Before it gets to that point, it’s important to understand where alimony comes from, and what it’s based on.
The Collaborative Process allows the Cash-Flow conversation to happen organically and based on the needs of the parties. In the Collaborative Process, we will help both parties to create a budget for moving forward and assess the parties needs financially. To find out all of the requirements and steps involved with Cash-Flow and Alimony call the office to schedule an appointment today with our alimony attorney.