The Distribution of Assets Process


#1

Hi,

There is no possible way that anything in my case will be settled in an agreement, so I must go to court for everything.

With regards to the distribution of assets, can you explain the full process of what needs to be completed? (i.e. Asset Mediation, Temp Distribution, court, etc.) and how long each step takes?

Thanks!


#2

An action for Equitable Distribution, Alimony, Child Custody and Child support if applicable will be filed with the court to begin the process. The actual steps are heavily dependent on each case, and in what county the action is pending.
Motions can be filed to deal with some property issues (a good example would be having the home listed for sale if the parties cannot afford to maintain the payments, or division of an account to allow parties to pay attorney’s fees, ect), these are called motions for interim distribution, they are used along the way as a full trial on the property aspect of a case could take a year or more to get on the court’s calendar.
Many counties now require mediation for the financial aspects of the case as well as child custody. The mediation is ordered to take place before the court will make any permanent decisions.
You should check out the local rules of court in your county to get a better idea of the case flow management. Visit NCcourts.org and select your county to find the local rules.