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divorce law in NC-- division of property

bigjohn

By bigjohn,
in Huddle Lounge

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bigjohn Proficient

bigjohn

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Just wondering (this is not for me by the way-- I know I married out of my league and I ain't going anywhere).

 

I know NC is an equitable property state, which basically means at divorce everything is split fairly.

 

That being said, anyone know if it matters why the two are divorcing?

 

I have a friend who has made a very good living, good enough that his wife was able to retire early. Now she's hopped up on drugs and alcohol, been to rehab several times, and can't kick the habit. Doesn't seem to want to.  So he's going to look at his options.

 

Is she still going to get half his poo?

 

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bigjohn Proficient

bigjohn

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Yeah that's what I thought.  I told him he'd be better off setting her up in an apartment and paying for it....but he's worried she'll drive drunk and then they'll both get sued and he could lose everything.

 

Sad. They've been married 25 years.

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Anybodyhome Grand Master

Anybodyhome

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That's not the worst part.... he can file tomorrow if he wants, divorce isn't final until they've been separated for one (1) year...

 

I recommend he begin setting his poo aside now, separate the bank accounts, etc and get everything squared away. A true addict will lose everything- and the job will be the last thing to lose- before they hit bottom. Unless he wants to go down as well, he needs to begin setting his stuff up now.

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Doyle Collaborator

Doyle

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I have a good fried who was in a similar situation but in a different state.  He video taped her while she was drunk many, many times.  She was so out of it she never even knew she was being videoed.  He was mainly doing it for custody purposes not financial but when they showed the tapes to her lawyer, the embarrassment factor alone made her not fight the divorce or push too hard for more than what was fair. 

 

There is no crime in being drunk off your ass except when you have been in and out of rehab and had multiple DUI's and aren't supposed to be drinking in the first place. 

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TruthVsComfort Rookie

TruthVsComfort

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She does have a 50% interest in everything earned during the marriage. Fault does not come into play in the equitable distribution of marital assets. However, fault does come into play in alimony. Your friend needs to consult with an attorney. If you need any referrals for divorce attorneys, message me the part of North Carolina he is in and I can give you some names.

 

 

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the butch Newbie

the butch

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Your friend could also consider an insurance policy tailored to his specific situation.  Or he could start moving property to California.  Could also form a holding company, and "buy" property from himself.  Not all these are full-proof, but it sure as hell makes it harder to get to the funds in the case of the wife doing something stupid and getting sued.  Another option would be to put funds and other property into an irrevocable trust for the kids, if there are any.  [Good estate planning tool in general for tax purposes, too.]  Which leads me to my next point:  "equitable distribution" doesn't necessarily mean 50/50 split.  And separating, which he would want to do and go ahead and file with the court, will also help in that post-separation debts remain those of the spouse who incurred them during the one-year window.  As for alimony, mental and physical needs come into play, along with a myriad of other factors.  Odds are he won't do poo about it, though.  Most people don't.  People usually become estranged from one another; it's just the natural [de]evolution of the relationship.  It's rare to see marriages break up quickly in these types of situations, and in the meantime, the wife could seriously do some financial damage.  Cheers.  

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Davidson Deac II Grand Master

Davidson Deac II

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Just wondering (this is not for me by the way-- I know I married out of my league and I ain't going anywhere).

 

I know NC is an equitable property state, which basically means at divorce everything is split fairly.

 

That being said, anyone know if it matters why the two are divorcing?

 

I have a friend who has made a very good living, good enough that his wife was able to retire early. Now she's hopped up on drugs and alcohol, been to rehab several times, and can't kick the habit. Doesn't seem to want to.  So he's going to look at his options.

 

Is she still going to get half his poo?

 

 

She will likely get half of whatever property and assets they obtained while they were married.  It is possible he could get alimony from her though, if she had anything to pay him, if abuse can be proved.  And drug and alcohol abuse is a form of abuse, but it is very difficult to prove.  The good news is that he will not have to pay alimony to her.

 

And he should open new bank accounts without her name on them.

 

If they have children, it might effect the distribution of property.

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