Change in the law

North Carolina Divorce Law Divorce and Separation Answers
1

Dear cantbelieveit:

Greetings. The answer is “it depends.” It depends on whether or not the law change is retroactive to cover open files. Which change are you referring to and I will look it up. Thanks

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

2

The change in the law deals with whether or not unvested stock options
are considered marital property. I believe it’s N.C.G.S.

3

Dear cantbelieveit:

I am looking into this and hope to have an answer for you by the end of the weekend.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

4

What happens when a property settlement has remained open for a long time (over 5 years) and a change in the statutes dramatically effects the potential outcome?

The divorce has long since been final.

Can the judge apply the law as it was in effect at the time of the seperation and subsequent divorce?

Thank you.