Raleigh Equitable Distribution Affidavit Attorneys
To file a claim for equitable distribution the spouses must be living separate and apart. Once a claim is filed then equitable distribution affidavits must be filed where each spouse lists all property that they believe to be in existence and that property is classified as marital, separate, divisible or a mix and then the property is valued and distributed in accordance with how the affiant spouse feels is equitable. At this point discovery may proceed and the court may enter any temporary orders it deems necessary to prevent the waste, disappearance or destruction of property.
As it relates to other claims the court should not consider alimony or child support in making an equitable distribution award. In fact, if orders for alimony or child support have previously been entered they may be subject to modification following an equitable distribution award. In terms of the divorce itself, a claim for equitable distribution must be filed prior to the entry of the divorce judgment or that right is forever lost unless the divorce judgment is later held to be invalid. This is an important fact and must be considered prior to agreeing to the divorce itself.
We have made the Equitable Distribution Affidavit form available on this page for easy download. If you have questions about equitable distribution and the procedures, please contact us for more information. We’re here to help guide you through this difficult time.