Pre-Trial Equitable Distribution Order

NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION ___________________ COUNTY FILE NO.: ____________________ ____________________________________ ) Plaintiff ) ) vs. ) ) ____________________________________ ) Defendant ) PRE -TRIAL EQUITABLE DISTRIBUTION ORDER THIS MATTER COMING ON TO BE HEARD upon pre-trial conference before the undersigned Presiding Judge upon pleadings seeking a determination of ma rital property and an equitable distribution of such property as shall be determined to be marital; AND IT APPEARING that the parties have reached agreement on certain fact s and on certain issues and have delineated the areas of agreement and disagreement; AND IT APPEARING that by their signatures affixed hereto, each party stipulates that he or she agrees with the facts and issues classified as agreed upon and stipu lates that the facts and issues classified as being in dispute are accurately reflected and that there a re no other issues to be determined by the Court; AND IT FURTHER APPEARING that each party by signing this Pre-Trial Order warrants and avows that he or she has disclosed the existence of all property, bo th separate and marital, to which he or she may have claim at the date of valuation of marital property, regardless of to whom such property may be titled or in whom actual ownership may be designated. S aid disclosure has been full and honest and is free from taint of fraud; IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED and stipulated as follow s: 1. The Court has jurisdiction over the parties and subject matter of this a ction. 2. Plaintiff and Defendant were married on ________________-___________. American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 2 3. The names and birthdates of all children born of the marriage are as fol lows: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 4. The date of the parties separation is _____________________________. 5. The date of the parties divorce is _______________________ . 6. The parties contend that an equal division would be equitable inequitable. 7. Schedule A is a list of marital property and debts upon which there is agreement as to value and distribution (as between Plaintiff and Defendant). Schedule A(d) is a list of divisible property upon which there is agreement as to value and distribution. 8. Schedules B-1 and B-2 are lists of marital property and debts upon which there is agreement as to distribution and disagreement as to value. Schedules B-1(d) and B-2(d) are lists of divisible property upon which there is agreement as to distribution and disagreement as to value. 9. Schedule C is a list of marital property and debts upon which there is agreement as to value and disagreement as to distribution. Schedule C(d) is a list of divisible property upon which there is agreement as to value and disagreement as to distribution. 10. Schedule D is a list of marital property and debts upon which there is disagreement as to distribution and disagreement as to value. Schedule D(d) is a list of divisible property upon which there is disagreement as to distribution and disagreement as to value. 11. Schedule E is a list of property and debts about which there is disagreement as to whether the item is marital property or a marital debt. Schedule E(d) is a list of property about which there is disagreement as to whether the item is divisible property. 12. Schedule F is a list of WIFEs contentions why equal division is not an e quitable division. 13. Schedule G is a list of HUSBANDs contentions why equal division is not an equitable division. 14. Plaintiff and defendant have added any additional schedules needed to state any other issues to be decided by the Court. There are labeled as follows: * 15. Copies of all appraisals and other expert witness reports ordered by the court are admissible into evidence without further foundation or authentication, have been placed in the court file, and are labeled as Exhibits as follows: * 2 American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 3 16. The Presiding Judge shall rule on the following: (a) What is the value of each item on Schedules B-1, B-1(d), B-2 and B-2(d)? (b) To which party should the items on Schedules C and C(d) be distributed? (c) What is the value of and which party shall be the owner of the items on Schedules D and D(d)? (d) Are the items on Schedule E marital property (or debts)? Are the item s on Schedule E(d) divisible property? If so, what is their value and which party shall be the owner of the items? (e) Which contentions of either party supporting an unequal distribution hav e been proved, and which should be given weight? (If parties have not stipula ted to an equal division)what division is equitable? (f) The Judge shall rule on issues raised in the Supplemental Schedules atta ched hereto. 17. Current possession of an item is indicated by placing H ("Husband") or W ("Wife") after the description of the item. Categories of Divisible Property are identified as follows: "PA" = passive appreciation or depreciation to a marital asset after separation and before date of distribution. "K" = payments or property that were earned prior to separation but actually received after separation, such as bonuses, commissions, contract rights or property rights. "PI" = passive income from marital property received or accruing after separati on, such as interest and dividends. "DI" = post-separation increase in marital debts, such as an increase in interest or financing charges This the ___ day of ___________________, 199__. ______________________________________ Judge Presiding CONSENTED TO: _______________________________ _____________________________ Plaintiff Defendant _______________________________ _____________________________ Plaintiffs Attorney Defendants Attorney 3 American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 4SCHEDULE A MARITAL PROPERTY AS TO WHICH THERE IS AGREEMENT AS TO VALUE & DISTRIBUTION DESCRIPTION AND VALUE TO W VALUE TO H CURRENT POSSESSION OF ITEM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 TOTAL $0.00 $0.00 4 American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 5SCHEDULE A(d) IVISIBLE PROPERTY AS TO WHICH THERE IS AGREEMENT AS TO VALUE AND DISTRIBUTION DESCRIPTION AND CATEGORY VALUE TO W VA