Fear of litigation


#1

I’m afraid spouse would litigate, rather than negotiate, divorce, if only to destroy me financially (spouse is in much better personal financial situation than I am through savings, gifts, etc.). In very general terms–

  1. barring anything egregious (fraudulent asset diversion, physical/mental abuse) and a relatively uncomplicated marital situation, do litigated divorces tend to deviate much from established principles, specifically in ED (i.e., division of marital property= 50/50)? How much do character issues (whether true or not), and the who-really-paid-for-what arguments (whether true or not) affect the outcome?

  2. If it can be shown that spouse/spouse’s attorney are maliciously prosecuting (i.e., baseless motions, excess paperwork), can these things be halted by court order and can I expect to recover my costs if they’re detrermined to be malicious?

                                                                                                Thanks-- this is a great and comforting service you offer here

#2

All divorce cases are governed by the same rules of law, which you can access by viewing the statutes on the various issues (linked on this site). Absent malicious and wasteful spending, character issues are not considered in property distribution.
Regardless of which spouse paid for what items of property, property acquired during the marriage with martial funds is marital property which is subject to division.
If a party is filing frivolous motions you may file a motion pursuant to Rule 11 of the North Carolina Rules of Civil procedure and seek that the court order sanctions and your attorney’s fees to be paid which where incurred as a result of the frivolous motions.