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Quick Facts on Property Division
Equitable Distribution is the process by which the Court identifies, classifies, values and distributes property among two people who are or have been married.
There are three types of property.
Despite the common misperception that the term, "Equitable Distribution" implies that marital property and divisible property is divided equally in the event of separation and divorce, the term really means that marital property and divisible property is distributed by the Court according to principles of fairness.
Elements of Equitable Distribution:
Marital and divisible property is distributed according to an array of distributional factors, discussed in detail below.
The Equitable Distribution process in Mecklenburg County, North Carolina can be broadly explained by the following illustration:
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The court applies the North Carolina child support guidelines to determine the amount of child support. The Court may vary from the guidelines when it finds by the greater weight of the evidence that their application would either not meet, or would exceed, the reasonable needs of the child.
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
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