Frequently Asked Questions

The Raleigh Divorce Law Firm is always prepared to answer questions related to your case. However, we understand that there may be times when you have questions that are of a more general nature. Below are answers to some common questions about divorce in North Carolina. We hope you find this information helpful.

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I have been divorced for a while and would like to change some of the provisions in the divorce decree. If my ex and I agree, would the changes be valid?

After your divorce, you might find it necessary or desirable to modify one or more of the stipulations in your divorce decree, property settlement, or custody and support arrangements. You must follow proper procedure if you want these changes to be valid. The experienced divorce attorneys in Cary and Raleigh  can work with you to ensure your desired changes are valid.

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What factors does the court consider to divide marital property?

North Carolina courts consider the following criteria in property division:

  • Length of the marriage
  • Either person's prior marriage(s)
  • Each person's age, health, station, income, vocational skills, employability, estates, liabilities, and needs
  • Contribution by one spouse to the education, training, or increased earning power of the other spouse
  • Opportunity to acquire future income and assets
  • Sources of income, including medical, retirement, insurance, and other benefits
  • Services rendered as a parent, wage earner, or homemaker
  • Value of each person's property
  • Standard of living established during the marriage
  • Tax consequences of the distribution
  • Custodial parent designation

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If my husband and I cannot agree on the division of certain household items, will we have to litigate the division?

Most divorce court judges and lawyers try to prevent people from litigating the division of household items, because it often will cost more money in legal fees to fight over those items than it would to buy new ones. But, if you and your ex-husband cannot agree, you should seek legal help, because your property settlement will not be complete until these items are divided. Or, the judge may simply divide them in a manner neither of you like.

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Are my employment benefits and frequent flyer miles considered marital property?

In most cases, the benefits you have accumulated through your employment during the time you were married are subject to division in a divorce. Your spouse may be entitled to one-half of the value of your pension and 401(k) from the date of marriage until the date of separation or divorce. The same may be true for your unused vacation time and frequent flyer miles.

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Will I be responsible for my husband's school loans?

Generally, a court will divide marital debt ''equitably,'' in the same way marital assets are divided. If the school loans were made during the marriage and you both benefited from them, that is, some of the loan money was used to buy food or pay rent, you could have to repay some of the loans.

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Can I appeal a property division court ruling?

All states have a statute of limitations.  This is a period of time after the finalization of the divorce in which a party may file an appeal. The time limit can often be fairly short, like a month. After that, any chance of opening the judgment depends on the facts of the judgment, and state law. Some states have an open-ended rule that allows a party to seek relief from an unjust order for many years. However, unjust is very different from simply not liking the judgment. 

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