Kennedy Law Associates

Divorce judges may make the final decision on homes

When North Carolina couples file for divorce, judges may exercise their right to divide property in a manner that they deem to be fair. Negotiating a settlement agreement can avoid this. Nonetheless, soon-to-be exes ought to bear certain factors in mind as they are trying to determine who will get things like homes and other big assets.

Although couples are usually allowed to split homes according to their own judgment, this may not be possible in divorces that involve lots of contention or strife. In such situations, judges may consider factors like whether homes were previously owned by one spouse's family. They may also attempt to balance the act of giving one individual the property by granting the other person assets of similar value, such as retirement funds.

One primary concern for judges is what's in the best interests of any children affected by the divorce. This means that courts might favor primary caregivers when it comes to awarding familial homes. They also account for issues like whether ex-spouses have the necessary income to support property upkeep. In some cases, judges can force couples to divide properties according to what they believe constitutes just terms, which isn't always optimal for every party involved.

The end of a marriage can seem complex at first, but proper planning may make the process much easier to deal with. Spouses need to prepare for the future by drafting workable separation terms, devising their own custody-sharing arrangements and carefully considering how their new living arrangements might impact their personal finances. Understandably, however, many people find it difficult to overcome their emotions and feelings and think through these processes clearly and thus obtain the assistance of an attorney.

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