Union County NC Property Division
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Property distribution in Union County requires each party to attend mandatory mediation and file an property distribution affidavit. The parties usually are required to split the mediator fees which usually run $200 - $300 per hour. If the parties cannot reach an agreement in mediation the case will ultimately be decided in court.
At trial the judge must value and distribute the marital assets and marital debts that make up the marital estate. Each party may testify regarding the value of the property owned in addition to use expert witnesses such as real estate appraisers, accountants, and business valuation experts. |
EQUITABLE DISTRIBUTION
8.1 Equitable Distribution Inventory Affidavit: Moving Party. The moving party asserting a claim for equitable distribution shall serve the opposing party or counsel with the pleading asserting equitable distribution. The Equitable Distribution Inventory Affidavit is intended to aid the parties and the Court in determining the marital and separate estates of the parties.
8.2 Equitable Distribution Inventory Affidavit: Moving Party. The party asserting claim for equitable distribution shall file a completed Equitable Distribution Inventory Affidavit and serve on the opposing party within ninety (90) days of the date of filing of the claim for equitable distribution. The parties are encouraged to supply a copy of the Equitable Distribution Affidavit on a Compact Disc (CD) or other electronic sharing device to the opposing party or counsel.
8.3 Attachments to ED Affidavits: The parties shall attach documentation as set forth in Form 13 to the Inventory Affidavit (if same is in their custody or in the custody of a third party over which they have control) and shall serve such documentation on the opposing party or counsel at the time of filing. Each party shall file with the Clerk of Superior Court a Certificate of Service (Form #15) to the Court file which indicates what documents were attached and served on opposing party counsel. Copies of documentation are not required to be filed with the Clerk of Superior Court at the time of filing.
8.4 Opposing Party: Within thirty (30) days after service of the first moving party’s Inventory Affidavit, the opposing party shall file and serve a combined Equitable Distribution Inventory Affidavit on the moving party requesting Equitable Distribution. Further, the combined Equitable Distribution Inventory Affidavit must utilize substantially similar numbering as the moving party’s affidavit. The opposing party shall also attach documentation, if available in the control of the party or the control of a third party over which the party has control, not previously supplied by the moving party, to the Inventory Affidavit and attach the certificate of service (form #15), as required above.
8.5 Scheduling Conference. The Case Coordinator shall schedule a scheduling conference which will occur within 120 days of the date of service of the initial moving party’s claim for equitable distribution and serve both parties with a Notice of Hearing setting the scheduling conference date.
The Rules of North Carolina Supreme Court implementing settlement procedures in equitable distribution and other family financial cases shall be followed.
The purpose of the scheduling conference is to ensure that the case is proceeding toward resolution in a timely and orderly fashion. At the scheduling conference the Court will confirm that each party has completed and filed his or her Equitable Distribution Inventory Affidavit. At the scheduling conference an Order of Reference will be entered designating the method of ADR to be employed if a party has filed a motion for ADR other than mediation, the Neutral who will conduct the ADR and the deadline for the completion of the ADR process (within 90 days of the status conference)(ADR Form 825 for mediation; ADR Form 826 for alternate ADR procedures). The Order will also set the date for an interim pretrial conference approximately ninety (90) days following the scheduling conference and a final pretrial conference approximately one hundred and twenty (120) days following the scheduling conference, and a trial date approximately 150 days following the scheduling conference, or 270 days from the date of the initial filing. Designation of Mediator form AOC-CV-825 and Report of Mediator form AOC-CV-827 must be filed with the Clerk and a copy provided to the Family Court Case Coordinator.
8.6 Issues to be Addressed at Scheduling Conference:
1. Method of Alternate Dispute Resolution: Mediation is required unless the parties agree on another method of dispute resolution.
2. Mediation: Selection by parties or counsel of mediator or Court appointment of mediator and order for completion date of mediation. ADR Form 825 filed at hearing if not before.
3. Discovery: Date for completion of discovery.
4. Inventory Affidavits: If a party has not filed an Equitable Distribution Affidavit by the date of the scheduling conference, the Court will issue an order wherein the party or parties are required to file a preliminary affidavit within thirty (30) days of the scheduling conference.
5. Trial date designation: The Court will set a tentative trial date that is approximately 150 days from the date of the conference.
6. Designation of complexity: Counsel and/or parties shall inform the Court as to the level of complexity of the pending case. The Court shall designate a case as complex based upon, but not limited to, the following:
a. Experts other than an appraiser;
b. Business/pension evaluation;
c. Multiple properties requiring commercial appraisals.
7. Designation of preparation of combined affidavit: The responding party shall prepare a combined inventory affidavit. The combined affidavit shall be completed and served upon the moving party three (3) days prior to mediation.
8. Order: An order shall be entered at the conclusion of the Scheduling Conference that sets forth the above-referenced dates, designation and other information concerning the case. A copy of the Order shall be filed and entered in the Court file and a copy delivered to the Case Coordinator.
8.7 Attendance at Scheduling Conference: All parties and counsel shall be present at the scheduling conference, unless it is waived by the Court after determining in advance of the scheduling conference that:
1. Each party has completed and served the other party with the ED Inventory Affidavit, and
2. The parties have submitted to the Case Coordinator the completed appropriate form, signed by the parties setting for their chosen method of ADR, and
3. A signed Consent Order, approved by the Court, sets forth a discovery schedule and scheduling conference information and dates.
Status/Administrative Conferences: Parties and/or counsel shall be present at the status/administrative conferences unless waived by the Court. Parties that are represented are not required to attend unless directed to do so by their counsel or the assigned judge. In the event that any of the dates, information, or designations determined at the scheduling conference is changed or amended by a status or administrative conference, then an order shall be filed and a copy given to the Case Coordinator.
Failure to Attend: Failure to file documentation and/or attend the scheduling conference, failure to properly complete, including amendments or supplements, file and exchange ED Inventory Affidavits, may result in an immediate hearing before the assigned judge. At the hearing, the judge may impose sanctions as permitted by law against the non-complying party, parties, or attorneys of record, and may limit or exclude the responsible party’s proffered testimony or evidence (either written or oral) at trial.
8.8 Reference: In any equitable distribution claim, the Court may, in its discretion, and pursuant to Rule 53 and Rule 16(a)(5) of the North Carolina Rules of Civil Procedure, order a reference before proceeding further, or before entering final judgment. The Court may provide for the apportionment of the costs of said references, filing deadlines, and scope as it deems to be in the furtherance of the disposition of the claim.
8.9 Equitable Distribution Pre-Trial Order. No later than seven (7) days prior to the equitable distribution pre-trial conference, the party initially requesting equitable distribution shall file and serve a proposed Equitable Distribution Pre-Trial Order (FORM #18) which accurately combines the contentions of the parties as set forth in their Affidavits as amended and supplemented. At the equitable distribution pre-trial conferences the parties and the Court will sign and Equitable Distribution Pre-Trial Order which may be amended with the consent of the parties up to the date of trial, which amendments shall be entered by written stipulation. Upon the beginning of the trial, the Pre-Trial Order shall be binding on the parties at trial, unless further amendment is consented and stipulated to or allowed by the judge for good cause shown.
8.10 Interim Distribution: If a party moves for an Interim Distribution pursuant to N.C.G.S 50-20 (i1), et. seq., the party shall contact the Case Coordinator who will schedule an Interim Distribution hearing before the assigned judge within forty-five (45) days of the date of filing. It is the responsibility of the party seeking an interim distribution to serve the opposing party or counsel with a Notice of Hearing for the Interim Distribution and a copy of the pleading seeking an interim distribution.
8.11 Sanctions: The failure of any party and/or counsel to follow the Court rules, regulations, deadlines or orders of the Court, without good cause shown, may be subject to sanctions by the court, including but not limited to the following:
a. such sanctions as are allowed by law and deemed appropriate at the discretion of the presiding judge, including but not limited to: exclusion of evidence and/or testimony; payment of a fine; payment of reasonable costs incurred by a party due to another party’s noncompliance; payment of the opposing party’s reasonable legal fees; dismissal by the court of any or party of any non-complying party’s claim for relief or pleadings; and/or
b. the adoption of the complying parties’ Equitable Distribution Affidavit as the affidavit for the Pre-Trial Order.
8.12 Request for Report of Mediation Form: The Request for Report of Mediation Form shall be filed with the Court no later than ten (10) days after mediation has been completed and a copy shall be served on the Family Court Case Coordinator.
8.2 Equitable Distribution Inventory Affidavit: Moving Party. The party asserting claim for equitable distribution shall file a completed Equitable Distribution Inventory Affidavit and serve on the opposing party within ninety (90) days of the date of filing of the claim for equitable distribution. The parties are encouraged to supply a copy of the Equitable Distribution Affidavit on a Compact Disc (CD) or other electronic sharing device to the opposing party or counsel.
8.3 Attachments to ED Affidavits: The parties shall attach documentation as set forth in Form 13 to the Inventory Affidavit (if same is in their custody or in the custody of a third party over which they have control) and shall serve such documentation on the opposing party or counsel at the time of filing. Each party shall file with the Clerk of Superior Court a Certificate of Service (Form #15) to the Court file which indicates what documents were attached and served on opposing party counsel. Copies of documentation are not required to be filed with the Clerk of Superior Court at the time of filing.
8.4 Opposing Party: Within thirty (30) days after service of the first moving party’s Inventory Affidavit, the opposing party shall file and serve a combined Equitable Distribution Inventory Affidavit on the moving party requesting Equitable Distribution. Further, the combined Equitable Distribution Inventory Affidavit must utilize substantially similar numbering as the moving party’s affidavit. The opposing party shall also attach documentation, if available in the control of the party or the control of a third party over which the party has control, not previously supplied by the moving party, to the Inventory Affidavit and attach the certificate of service (form #15), as required above.
8.5 Scheduling Conference. The Case Coordinator shall schedule a scheduling conference which will occur within 120 days of the date of service of the initial moving party’s claim for equitable distribution and serve both parties with a Notice of Hearing setting the scheduling conference date.
The Rules of North Carolina Supreme Court implementing settlement procedures in equitable distribution and other family financial cases shall be followed.
The purpose of the scheduling conference is to ensure that the case is proceeding toward resolution in a timely and orderly fashion. At the scheduling conference the Court will confirm that each party has completed and filed his or her Equitable Distribution Inventory Affidavit. At the scheduling conference an Order of Reference will be entered designating the method of ADR to be employed if a party has filed a motion for ADR other than mediation, the Neutral who will conduct the ADR and the deadline for the completion of the ADR process (within 90 days of the status conference)(ADR Form 825 for mediation; ADR Form 826 for alternate ADR procedures). The Order will also set the date for an interim pretrial conference approximately ninety (90) days following the scheduling conference and a final pretrial conference approximately one hundred and twenty (120) days following the scheduling conference, and a trial date approximately 150 days following the scheduling conference, or 270 days from the date of the initial filing. Designation of Mediator form AOC-CV-825 and Report of Mediator form AOC-CV-827 must be filed with the Clerk and a copy provided to the Family Court Case Coordinator.
8.6 Issues to be Addressed at Scheduling Conference:
1. Method of Alternate Dispute Resolution: Mediation is required unless the parties agree on another method of dispute resolution.
2. Mediation: Selection by parties or counsel of mediator or Court appointment of mediator and order for completion date of mediation. ADR Form 825 filed at hearing if not before.
3. Discovery: Date for completion of discovery.
4. Inventory Affidavits: If a party has not filed an Equitable Distribution Affidavit by the date of the scheduling conference, the Court will issue an order wherein the party or parties are required to file a preliminary affidavit within thirty (30) days of the scheduling conference.
5. Trial date designation: The Court will set a tentative trial date that is approximately 150 days from the date of the conference.
6. Designation of complexity: Counsel and/or parties shall inform the Court as to the level of complexity of the pending case. The Court shall designate a case as complex based upon, but not limited to, the following:
a. Experts other than an appraiser;
b. Business/pension evaluation;
c. Multiple properties requiring commercial appraisals.
7. Designation of preparation of combined affidavit: The responding party shall prepare a combined inventory affidavit. The combined affidavit shall be completed and served upon the moving party three (3) days prior to mediation.
8. Order: An order shall be entered at the conclusion of the Scheduling Conference that sets forth the above-referenced dates, designation and other information concerning the case. A copy of the Order shall be filed and entered in the Court file and a copy delivered to the Case Coordinator.
8.7 Attendance at Scheduling Conference: All parties and counsel shall be present at the scheduling conference, unless it is waived by the Court after determining in advance of the scheduling conference that:
1. Each party has completed and served the other party with the ED Inventory Affidavit, and
2. The parties have submitted to the Case Coordinator the completed appropriate form, signed by the parties setting for their chosen method of ADR, and
3. A signed Consent Order, approved by the Court, sets forth a discovery schedule and scheduling conference information and dates.
Status/Administrative Conferences: Parties and/or counsel shall be present at the status/administrative conferences unless waived by the Court. Parties that are represented are not required to attend unless directed to do so by their counsel or the assigned judge. In the event that any of the dates, information, or designations determined at the scheduling conference is changed or amended by a status or administrative conference, then an order shall be filed and a copy given to the Case Coordinator.
Failure to Attend: Failure to file documentation and/or attend the scheduling conference, failure to properly complete, including amendments or supplements, file and exchange ED Inventory Affidavits, may result in an immediate hearing before the assigned judge. At the hearing, the judge may impose sanctions as permitted by law against the non-complying party, parties, or attorneys of record, and may limit or exclude the responsible party’s proffered testimony or evidence (either written or oral) at trial.
8.8 Reference: In any equitable distribution claim, the Court may, in its discretion, and pursuant to Rule 53 and Rule 16(a)(5) of the North Carolina Rules of Civil Procedure, order a reference before proceeding further, or before entering final judgment. The Court may provide for the apportionment of the costs of said references, filing deadlines, and scope as it deems to be in the furtherance of the disposition of the claim.
8.9 Equitable Distribution Pre-Trial Order. No later than seven (7) days prior to the equitable distribution pre-trial conference, the party initially requesting equitable distribution shall file and serve a proposed Equitable Distribution Pre-Trial Order (FORM #18) which accurately combines the contentions of the parties as set forth in their Affidavits as amended and supplemented. At the equitable distribution pre-trial conferences the parties and the Court will sign and Equitable Distribution Pre-Trial Order which may be amended with the consent of the parties up to the date of trial, which amendments shall be entered by written stipulation. Upon the beginning of the trial, the Pre-Trial Order shall be binding on the parties at trial, unless further amendment is consented and stipulated to or allowed by the judge for good cause shown.
8.10 Interim Distribution: If a party moves for an Interim Distribution pursuant to N.C.G.S 50-20 (i1), et. seq., the party shall contact the Case Coordinator who will schedule an Interim Distribution hearing before the assigned judge within forty-five (45) days of the date of filing. It is the responsibility of the party seeking an interim distribution to serve the opposing party or counsel with a Notice of Hearing for the Interim Distribution and a copy of the pleading seeking an interim distribution.
8.11 Sanctions: The failure of any party and/or counsel to follow the Court rules, regulations, deadlines or orders of the Court, without good cause shown, may be subject to sanctions by the court, including but not limited to the following:
a. such sanctions as are allowed by law and deemed appropriate at the discretion of the presiding judge, including but not limited to: exclusion of evidence and/or testimony; payment of a fine; payment of reasonable costs incurred by a party due to another party’s noncompliance; payment of the opposing party’s reasonable legal fees; dismissal by the court of any or party of any non-complying party’s claim for relief or pleadings; and/or
b. the adoption of the complying parties’ Equitable Distribution Affidavit as the affidavit for the Pre-Trial Order.
8.12 Request for Report of Mediation Form: The Request for Report of Mediation Form shall be filed with the Court no later than ten (10) days after mediation has been completed and a copy shall be served on the Family Court Case Coordinator.
