Division of property when ex is in prison 151 months for child porn


#1

We have a trial date of 3/28. We were married for almost 20 years. He was arrested 3 years ago for viewing and transporting child porn and sentenced to 151 months in federal prison with a projected release date of 8/2028. Our kids are 12 & 15.

What are the chances a judge will award him 50% equity in our home and/or 50% of my pension. I’ve been a teacher for 21 years.

He will NEVER work or pay any sort of child support. I’ve been on my own for the last 3 years raising our kids.

Scared to death- I can’t see how it’s equitable to give him anything, whether we were married or not. He chose to destroy all of our lives, including our kids. I can find ZERO cases like mine.


#2

In your situation an equal division of the marital property is likely not equitable. Equitable distribution is generally an equal division unless equal would not be equitable.

You will likely be able to make arguments for several of the statutory factors for an unequal division.

N.C.G.S Section 50-20(c ) lists all of the factors the court must consider when determining if an equal division is an equitable division.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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