Equitable Distribution Pretrial Order {15}

FORM # 15 NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE 20A JUDICIAL DISTRICT DISTRICT COURT DIVISION COUNTY OF STANLY CASE NUMBER ) ) Plaintiff, ) ) -vs- ) EQUITABLE DISTRIBUTION ) PRETRIAL ORDER ) ) Defendant. ) THIS MATTER COMING ON TO BE HEARD for a final pretrial conference before the undersigned Presiding Judge upon pleadings seeking a determination of marital property and an equitable distribution of such property and debts as shall be determined to be marital; AND IT APPEARING that the parties have reached agreement on certain facts 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 agreement with the facts and issues represented as agreed upon and stipulates that the facts and issues represented as being in dispute are accurately reflected and that there are 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 having disclosed the existence of all property, both separate and marital, to which he or she may have had a 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. Said disclosure has been full and honest and is free from taint of fraud; IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED and stipulated as follows: 1. The Court has jurisdiction over the parties and subject matter of this action. 2. AN EQUAL DIVISTION IS AN EQUITABLE DIVISION. (THIS STATEMENT SHOULD BE ELIMINATED IF NOT AGREED UPON.) 3. Schedule A is a list of marital property upon which there is agreement as to value and distributions. American LegalNet, Inc. www.FormsWorkFlow.com 4. Schedule B is a list of marital property upon which there is an agreement as to distribution and disagreement as to value. 5. Schedule C is a list of marital property upon which there is agreement as to value and disagreement as to distribution. 6. Schedule D is a list of marital property upon which there is disagreement as to distribution and disagreement as to value. 7. Schedule E is a list of items about which there is disagreement as to whether the item is marital property. 8. r favor. (Use only if plaintiff in this action seeds an unequal division.) 9. (Use only if defendant in this action seeds an unequal division.) 10. Schedule H is a list of marital debts of the parties showing the present amounts due and any amounts paid by the parties since their separation. 11. Schedule I is a list of post-how these changes should be treated. 12. Schedule J is a list of post-how these changes should be treated. 13. Schedule K is a list of divisible property. 14. Plaintiff and defendant have added any additional schedules needed to state any other issues to be decided by the Court. They are labeled Schedule , , etc. 15. The Presiding Judge shall rule on the following: a. What is the value of the items on Schedule B? b. Which party shall be the owner of the items on Schedule C? c. What is the value of and which party shall be the owner of the items on Schedule D? d. Are the items on Schedule E marital property and if so, what are their values? e. If the parties do not agree that equal is equitable, the Judge shall rule on an equitable distribution of marital assets and debts. f. The judge shall rule on issues raised in the Supplemental Schedules attached hereto. 16. This matter is set for trial for . 17. The estimated length of trial time is . American LegalNet, Inc. www.FormsWorkFlow.com 18. The following documents, reports and other exhibits may be admitted without authentication: 19. No later than 24 hours before trial, counsel for the parties shall label, number and list all trial exhibits, and shall exchange exhibit lists, copies of exhibits and witness lists. A copy of each list shall be provided to the Judge when the case is called for trial. 20. The parties shall update their equitable distribution affidavits as they acquire additional pertinent information. This the day of , . Judge Presiding CONSENTED TO: Plaintiff Defendant Attorney for Plaintiff Attorney for Defendant American LegalNet, Inc. www.FormsWorkFlow.com Equitable Distribution Pretrial Order Schedule A: Marital Property: Agree on Value and Distribution Item of Martial Property (Number each Item) Net Value Possession P or D American LegalNet, Inc. www.FormsWorkFlow.com Equitable Distribution Pretrial Order Schedule B: Marital Property: Agree on Distribution; Disagree on Value Item of Martial Property (Number each Item) Value Possession of P or D Judge Only Net Value American LegalNet, Inc. www.FormsWorkFlow.com Equitable Distribution Pretrial Order Schedule C: Marital Property: Agree on Value; Disagree on Distribution Item of Martial Property (Number each Item) Net Value Possession P or D P Wants D Wants Judge Only American LegalNet, Inc. www.FormsWorkFlow.com Equitable Distribution Pretrial Order Schedule D: Marital Property: Disagree on Distribution; Disagree on Value Item of Martial Property (Number each Item) Net Value Per P Net Value per D Possession P or D Wants P or D Judge Only Net to be Value American LegalNet, Inc. www.FormsWorkFlow.com Equitable Distribution Pretrial Order Schedule E: Disagree on Whether Item is Marital Property Item of Martial Property (Number each Item) Value Per P Value per D Short Statement of Issue Judge (Only if Martial Prop.) American LegalNet, Inc. www.FormsWorkFlow.com Equitable Distribution Pretrial Order is Not Equitable. American LegalNet, Inc. www.FormsWorkFlow.com Equitable Distribution Pretrial Order American LegalNet, Inc. www.FormsWorkFlow.com Equitable Distribution Pretrial Order Schedule H: Marital Debts CREDITOR Date of Sep. Value Paid by Plaintiff Paid by Defendant Present Balance American LegalNet, Inc. www.FormsWorkFlow.com Equitable Distribution Pretrial Order Schedule I: Post Separation Changes in Values and How Plaintiff Contends These Changes Should be Treated Item of Martial Property (Number each Item) Value at Date of Sep. Value at Date of Trial Short Statement of Contentions as to how Value Change should be treated. American LegalNet, Inc. www.FormsWorkFlow.com Equitable Distribution Pretrial Order Schedule J: Post Separation Changes in Values and How Defendant Contends These Changes Should be Treated Item of Martial Property (Number each Item) Value at Date of Sep. Value at Date of Trial Short Statement of Contentions as to how Value Change shoul d be treated. American LegalNet, Inc. www.FormsWorkFlow.com Equitable Distribution Pretrial Order Schedule K: List of divisible property. American LegalNet, Inc. www.FormsWorkFlow.com