1 Yr Seperation

North Carolina Divorce Law Divorce and Separation Answers
1

Dear wsams38:

Greetings. First, you lose the right to equitable distribution ONLY upon the date of divorce, NOT after one year of separation.

Next, of course something can be done when Husband will only pay for the first mortgage. If you have been living for a long time like this, he is “winning” some unwritten concessions for you. First, the length of time he has been doing this shows that you can live without the other money you are asking for. This helps him with determining alimony long term.

You need to IMMEDIATELY take action with a Motion for Interim Distribution, a request for post separation support, and a request for long term alimony. You cannot let the house go into foreclosure.

Speak with your attorney about “actions” that can be taken. What can they do to ensure that you get paid and the house does not go into foreclosure? Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

2

I have read in some of the posts that after 1 year or date of divorce you loose your right to equitable distribution. How is this? If both parties have an atty and can not reach an agreement for legal seperation papers, then what? What do you advise and how long should one play the game of trying to agree on things?

If husband was having an affair in a 17 yr marrigage … with a woman involved in the sale of drugs (regardless of whether the husband is) and the woman was busted but not yet convicted (hasn’t gone to trial yet) and phone records indicate they communicated at least 2-4 times per day for at least 3 months, with hotel bills matching up on some of the phone dates. When wife finds out he leaves the marital home. Husband pays 1st mortage and wife pays 2nd mortage but the husband no loner will pay his half of the debt.

Is there anything that can be done? Would a judge order that he maintain the 1st mortage based on the circumstancial evidence I just provided? Husband has let the mortage pmt get 2 monts behind and its hitting the credit report now.

I have an atty, but although I feel I am in good hands, I feel I don’t know the right questions to bring up and ask about. We have been sending sep. agreement back and forth in the mail for about 3-4 weeks now. When is enough - enough? I am very impatient and am finding these things go too slow for me.

I know legal proceedings are slow, but is this a good thing?