Can you appeal the court order which divided your marital assets after a divorce? How much can an equitable distribution appeal cost, and does the potential upside of a fairer division justify those costs?
In North Carolina, equitable distribution cases are conducted in District Court without a jury. The resulting orders, which divide a couple’s assets after a divorce, are still final judgments which can be appealed.
Equitable distribution orders can have significant financial consequences for those involved. A couple’s residence can represent a large amount of value which, if divided unfairly, create a “loss” of tens or hundreds of thousands of dollars. Retirement and investment accounts, business ownership interests, and other real estate can also present significant values which, if divided incorrectly, give the losing party plenty of reason to appeal. Assets like vehicles, jewelry, and equipment may have lower values, but they can add up.
A court can make a number of different types of errors in equitable distribution cases. First, North Carolina has a presumption that the marital estate will be divided evenly, 50-50. If the court orders an uneven division, it must make particular findings from the evidence to support that decision.
Also, North Carolina has a presumption for an “in-kind” division of the assets. Nothing else withstanding, the court should attempt to equalize the value which each party receives by dividing the assets. The court cannot simply distribute most of the assets to one party and then order that party to pay the other party a distributive award (a cash payoff) to even up the values.
The court also must value the assets based on competent evidence. Did the court rely on a Zillow report that your ex-spouse pulled off the internet? Depending on how that report was presented, a court’s reliance on that report may be misplaced. This is just one example of a valuation which might be challenged.
Equitable distribution orders are also often paired with, or even consolidated with, other claims arising from a divorce. Alimony, post-separation support (or PSS), and child support claims may be resolved in the same hearing but result in distinct orders, or the court may resolve all of the claims in one extensive order. If the court does decide to use separate orders, it is important for a party interested in appealing to make sure that he initiates an appeal for each respective order. If the party waits for all of the claims to be resolved, he may discover that the deadline for appealing some of the orders has passed while he was waiting for a final resolution. This firm can handle all of these types of claims, whether separately or bundled together.
We can provide you with a free consultation about whether the types and values of the assets in your case would make an equitable distribution appeal worth investigating. After we are retained, we will perform a more thorough review to evaluate what assets might be recoverable, the odds of that recovery, and the costs of pursuing that recovery through a full appeal. If those dollar figures make sense, we can move forward; if they do not, then we can withdraw the appeal before additional funds are spent. We are here to answer your questions.