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As discussed briefly above, there are two main categories of property in the equitable distribution context, marital property and separate property. Marital property is broadly defined under statute and includes “all real and personal property acquired by either spouse or both spouses during the course of the marriage and before the date of the separation…
Read MoreThere are four steps in the equitable distribution process: (1) identification, (2) categorization, (3) valuation and (4) distribution. Identification. The first step in the equitable distribution process is to identify all property owned by one or both parties on the date of separation. Property that is identified during this stage includes real property, vehicles, household furniture and furnishings,…
Read MoreEquitable distribution is governed by North Carolina General Statute §§ 50-20, 50-20.1 and 50-21. The only requirements to file an equitable distribution are that you must be married to the person you are filing the claim against, and you must be separated from that person. Furthermore, your equitable distribution claim must be pending (filed) before…
Read MoreIt is possible to settle your equitable distribution claim in several ways, with the most common being either by a voluntary agreement, typically referred to as a Separation Agreement and Property Settlement or by filing a lawsuit in court. While it is generally cheaper and quicker to settle things voluntarily by agreement, you should still…
Read MoreAfter a separation from your spouse, the process of identifying, categorizing, valuing and dividing the property acquired during your marriage and your existing debt is known as equitable distribution. Property that is subject to an equitable distribution includes real property, vehicles, household furniture and furnishings, bank accounts, investment accounts, annuities, retirement accounts, business interests, cash,…
Read MoreSeverance Agreements An experienced Hill Evans Employment Attorney can help you evaluate and negotiate a severance agreement. Many companies offer severance agreements to employees are laid off or terminated without fault. These agreements are often long and filled with confusing legal language. The terms of these agreements can have significant consequences and contain surprises for…
Read MoreJurisdiction, Timelines & Administrative Exhaustion The statutes that prohibit certain types of employment discrimination and retaliation do not apply to all businesses. Most employment laws require a private employer to have a specified minimum number of employees before the law applies. The minimum number of employees for various employment laws appear below: ACT Title VII…
Read MoreEmployment Discrimination & Retaliation: Harassment at Work The civil rights laws prohibit the harassment at work of employees based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. A harassment or hostile work environment claim may be stated even when the harassment does not result in a…
Read MoreEmployment At Will What Does It Mean When People Say North Carolina Is An Employment-At-Will State? North Carolina is an employment-at-will state. This means that in the absence of a contractual agreement between an employer and an employee establishing a definite term of employment, the relationship is presumed to be terminable at the will of…
Read MoreDo I Have a Case? Employment Discrimination Law The first question in evaluating an employment claim in North Carolina is, “Do the facts take the employee outside of the at-will employment rule?” First, is there a written employment contract that states a specific period of employment? If the answer is “yes”, then if the terms…
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