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 party asserting a claim for equitable distribution shall file a completed Equitable Distribution Inventory Affidavit and serve it on the opposing party or their counsel within ninety (90) days of the date of filing their claim for Equitable Distribution.
8.2 Attachments to Equitable Distribution Affidavits: The parties shall attach documentation as set forth on 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. Copies of documentation shall not to be filed with the Clerk of Superior Court at the time of filing.
8.3 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, as required above.
8.4 Scheduling Conference. The Case Coordinator shall schedule a scheduling conference which will occur within 150 days of the filing of the initial moving party’s claim for equitable distribution and notice will be published via http://www1.aoc.state.nc.us/www/calendars/Civil.jsp?county=UNION.
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). A final pretrial conference will take place 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.
8.5 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. 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 by the moving party, or his/her counsel.
7. Draft Order: The moving party or counsel shall be responsible for bringing a draft Order to Court for completion during the hearing.
8.6 Scheduling/Administrative Conferences: Parties and/or counsel shall be present at the scheduling/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 Comply with Scheduling Orders: Failure to file documentation, failure to properly complete, including amendments or supplements, and failure to file and exchange Equitable Distribution Inventory Affidavits, shall result in the limitation, or exclusion of the responsible party’s proffered testimony or evidence (either written or oral) at trial, unless otherwise ordered by the Court upon Motion by the non-complying party.
8.7 Equitable Distribution Pre-Trial Order. No later than ten (10) days prior to the equitable distribution pre-trial conference, the party initially requesting equitable distribution shall serve a proposed Equitable Distribution Pre-Trial Order (Form #18) on the opposing party or his/her counsel 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 Court will sign an Equitable Distribution Pre-Trial Order which may be amended up to ten (10) days prior 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.
8.2 Attachments to Equitable Distribution Affidavits: The parties shall attach documentation as set forth on 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. Copies of documentation shall not to be filed with the Clerk of Superior Court at the time of filing.
8.3 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, as required above.
8.4 Scheduling Conference. The Case Coordinator shall schedule a scheduling conference which will occur within 150 days of the filing of the initial moving party’s claim for equitable distribution and notice will be published via http://www1.aoc.state.nc.us/www/calendars/Civil.jsp?county=UNION.
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). A final pretrial conference will take place 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.
8.5 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. 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 by the moving party, or his/her counsel.
7. Draft Order: The moving party or counsel shall be responsible for bringing a draft Order to Court for completion during the hearing.
8.6 Scheduling/Administrative Conferences: Parties and/or counsel shall be present at the scheduling/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 Comply with Scheduling Orders: Failure to file documentation, failure to properly complete, including amendments or supplements, and failure to file and exchange Equitable Distribution Inventory Affidavits, shall result in the limitation, or exclusion of the responsible party’s proffered testimony or evidence (either written or oral) at trial, unless otherwise ordered by the Court upon Motion by the non-complying party.
8.7 Equitable Distribution Pre-Trial Order. No later than ten (10) days prior to the equitable distribution pre-trial conference, the party initially requesting equitable distribution shall serve a proposed Equitable Distribution Pre-Trial Order (Form #18) on the opposing party or his/her counsel 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 Court will sign an Equitable Distribution Pre-Trial Order which may be amended up to ten (10) days prior 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.
