Who Divides Our Property?

The division of marital property can be completed through the execution of a Property Settlement Agreement, also known as a Separation Agreement. A Separation Agreement occurs when both parties are willing to agree to the Classification, Valuation and Distribution of assets between each of them. When either party cannot agree upon either the Classification, Valuation and or Distribution of martial property for the creation of a Separation Agreement, the only alternative is for either party to file for Equitable Distribution through a North Carolina Court.

Through a lengthy process, and with the assistance of the court, both parties will be required to first attend a type of Alternative Dispute Resolution in the form of Mediation or a Judicial Settlement Conference. In the event that the parties cannot agree in Mediation or a Judicial Settlement Conference, both parties will be required to divide their estate through litigation. During litigation, a District Court Judge, not a jury will divide marital property.