North Carolina > Local County > Durham (District 14)
Equitable Distribution Affidavit 13 - North Carolina
| Equitable Distribution Affidavit Form. This is a North Carolina form and can be used in Durham (District 14) Local County . |
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Form 13 (Rev. 1/13) NORTH CAROLINA 14th JUDICIAL DISTRICT DURHAM COUNTY _________________________________________, Plaintiff -v- IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION ________-CVD-_____________ EQUITABLE DISTRIBTION AFFIDAVIT _________________________________________, Defendant The undersigned affiant, after being duly sworn as shown below, states as follows: 1. I am filing this affidavit for its use in entering a final judgment of equitable distribution of marital property. 2. I have read and understand the "Instructions" which accompany this affidavit, and the information contained in this affidavit is true, accurate, and complete. 3. I have made a full and complete disclosure of all marital and separate property known to me. 4. This affidavit consists of this sheet and the ______ attached pages. This the ___ day of _______________ 20___. _______________________________________________ Signature of: Plaintiff OR Defendant Subscribed and Sworn to before me this ____ day of ________, 20__. _______________________________ Notary Public My Commission Expires: ____________ Page 1 of 27 ED AFFIDAVIT for: Plaintiff OR Defendant DOM _______________ DOS _______________ American LegalNet, Inc. www.FormsWorkFlow.com Form 13 (Rev. 1/13) INSTRUCTIONS TO PARTIES FOR COMPLETION OF EQUITABLE DISTRIBUTION AFFIDAVIT 1. READ THESE INSTRUCTIONS CAREFULLY. Your affidavit must be fully and accurately prepared. Submission of this Affidavit is required by the 14th Judicial District Local Rules. A copy of the Local Rules is available in the Family Court Office, located on the sixth (6th) floor of the Durham County Courthouse, 510 S. Dillard Street, Durham, NC 27701. If you are not represented by counsel, you should obtain a copy of the Local Rules so that you comply with them and assure that you do not prejudice your case. Your interests in this lawsuit will be harmed if your affidavit does not contain all the information required and if that information is not accurate. 2. READ THE AFFIDAVIT FORM THOROUGHLY AND CAREFULLY. If you have any questions or are unsure how to list certain information, ask your attorney first so that your affidavit will be complete and correct before it is placed in final typed form. Failure to fully comply with these instructions may result in sanctions being imposed against you by the Court. 3. The affidavit, when filed with the Clerk of Court, must be typed and must substantially conform to this form. Your signature must be notarized. There must be at least three (3) typed or reproduced copies. 4. Each individual item must be listed separately. Further, the affidavit should be completed and filed with the Clerk of Superior Court. You must list the items in the order set forth on the Table of Schedules. If you have additional property that needs to be listed on a particular schedule, please add additional sheets of paper as necessary to give complete information about your property. You may omit sections or categories of assets that are not included in your case. 5. With regard to the mechanics of filling out the affidavit, on each page you need to complete the information asked for on each page in the footer. That is, put a check mark beside Plaintiff if you are the plaintiff or by the Defendant if you are the defendant. You also need to write in your Date of Marriage beside the "DOM" and write in your Date of Separation beside "DOS". 6. Schedule XIII of this affidavit should be completed only if you are seeking an unequal distribution of marital property. If you are seeking an equal distribution, omit Schedule XIII from your affidavit. If you are seeking an unequal distribution of marital property, you must provide a detailed explanation as to each specific factor that you believe the court should consider in awarding you an unequal division of the marital property. 7. The order in which you list each asset should follow the same order listed in the Table of Schedules. A failure to sequentially follow the classification scheme will result in the Court and counsel needlessly consuming time as they compare the plaintiff's and defendant's affidavits for information containing the same asset. DO NOT OMIT THE "CONTENTIONS" SECTION IF YOU WISH THE COURT TO CONSIDER FACTS OR LEGAL ISSUES RELATING TO THE CLASSIFICATION, VALUE, OR DISTRIBUTION OF EACH ITEM OF PROPERTY OR DEBT. 8. If you are not represented by an attorney, the Rules of Court apply equally to you and it is your responsibility to fully comply with these instructions. You must file the typed original of your inventory with the Clerk of Superior Court Family Page 2 of 27 ED AFFIDAVIT for: Plaintiff OR Defendant DOM _______________ DOS _______________ American LegalNet, Inc. www.FormsWorkFlow.com Form 13 (Rev. 1/13) Court Division, located on the sixth (6 ) floor of the Durham County Courthouse, 510 S. Dillard Street, Durham, North Carolina 27701, no later than 30 days following the completion date for ADR. The case manager will provide you with a completion th date for ADR at the Status Conference. You must also deliver, in person or by mail, a filed copy of the original to the attorney representing the opposing party or to the opposing party directly if he/she is representing him/herself. (Please refer to the Local Rules for the 14th Judicial District Court). THIS DEADLINE IS IMPORTANT AND FAILURE TO COMPLY WITH THE DEADLINE MAY RESULT IN THE IMPOSITION OF SANCTIONS. 9. Omissions or misstatements of fact in your affidavit constitute perjury and may subject you to sanctions by the court. 10. The following is a list of abbreviations used in this affidavit: a. FMV: Fair Market Value b. DOS: Date of Separation c. DOM: Date of Marriage d. H: Husband e. W: Wife f. Jt: Joint (as in joint names listed on a title) Page 3 of 27 ED AFFIDAVIT for: Plaintiff OR Defendant DOM _______________ DOS _______________ American LegalNet, Inc. www.FormsWorkFlow.com Form 13 (Rev. 1/13) TABLE OF SCHEDULES Schedule I: Marital Assets A. Realty B. Transportation C. Stocks and Bonds D. Bank Accounts & IRA Accounts E. Artwork, Metals, and other Collectables F. Miscellaneous Notes and Income Producing Assets G. Silver, China, and crystal H. Jewelry I. Animals J. Intellectual Properties K. Business Interests L. Household Goods M. Cash Value Life Insurance N. Vested Pension & Retirement Accounts Marital Debts Separate Assets Separate Debts Divisible Property Commissions, Bonuses, or other Property received after DOS but earned
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