My attorney filed motion for alimony,equal distribution & my husbands attorney file a motion for unequal distribution. The judge continued this for Dec 14th. I am wondering when would a judge grant unequal distribution of assets? What reasons would judge grant a continuance especially since I need the support. Just FYI it was a 5 yr marriage due to husbands abuse (emotional,physical) plus cheating.
Equitable distribution is typically a 50/50 split of marital property, but there can be an unequal division of the marital property if a 50/50 division would be unequitable given the circumstances.
The NC General Statutes lay out the factors to be considered in an unequal distribution. Check out our article Is the division of property always fifty-fifty? What factors are considered in an unequal distribution of property? for a list of these factors, as well as more information on unequal distributions.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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