← FORMVANA NC FORMS
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01
PLAINTIFF (YOUR) INFORMATION
02
DEFENDANT (SPOUSE) INFORMATION
03
MARRIAGE & SEPARATION
IMPORTANT: Equitable distribution must be claimed before the entry of a divorce judgment or the right is lost. G.S. 50-20(j). File this complaint before or simultaneously with any divorce action.
04
MARITAL PROPERTY
05
SEPARATE PROPERTY CLAIMS
Separate property is not subject to equitable distribution. Identify it early to avoid disputes. G.S. 50-20(b)(2).
06
EQUITABLE DISTRIBUTION FACTORS (G.S. 50-20(c))
07
CERTIFICATE OF SERVICE
FILING COUNTY
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OPEN CLAWDE VERSION →STATUTORY REFERENCE
G.S. 50-20Equitable distribution
G.S. 50-20(b)Marital vs. separate property
G.S. 50-20(c)Distribution factors (12 factors)
G.S. 50-20(j)Must claim before divorce decree
G.S. 50-21ED hearing procedure
CRITICAL DEADLINE
- You MUST file for equitable distribution before a divorce judgment is entered — or the right is permanently lost
- File this complaint concurrently with or before any divorce complaint
- A separation agreement can waive ED rights — review carefully
WHAT IS MARITAL PROPERTY?
- Property acquired by either spouse during the marriage (except gifts/inheritance)
- Includes real estate, retirement accounts, businesses, vehicles
- Date of valuation is generally the date of separation
- Presumption of equal division — rebutted by G.S. 50-20(c) factors
NEED AN ATTORNEY?
- Equitable distribution can involve hundreds of thousands of dollars in assets
- Retirement accounts require a QDRO — not included in this form
- Barker Richardson, PLLC → — Raleigh family law