Absolute Divorce/ED/Soldiers and Sailors


#1

Dear mdooris:

Greetings. The right to claim for equitable distribution is cut off on the date the divorce is granted. Only if she counterclaimed for equitable distribution in her answer can she perserve the claims. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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

Thank you for your quick response. I am just confused because my ex-wife has told me that although she has not filed for ED yet, she is under the impression that she still could even though we have the absolute divorce under the soldiers and sailors act of 1940. I just want to make sure that there are no loopholes which will allow her to file for ED at this point.


#3

Dear mdooris:

Greetings. First, divorce is not granted under the soldier and sailors relief act. Next, without a complete review of the motion and order to stay, I will not be able to tell you if she has any other way out. My suggestion is that you call our office, set up a telephone consultation, fax your documents in, and let us get you an answer so you can sleep soundly! Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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.


#4

I went through all the motions to obtain a divorce from my wife. The civil proceeding for the divorce was originally scheduled for Dec. 14th. My ex-wife (who is in the Marine Corps) showed up at the proceedings and plead that she did not have time due to military duty to take care of things like Equitable Distribution. Under the Solderier and Sailor Act of 1940 the jugde extended the date of the civil proceeding for the divorce to January 5th. Now I have been granted a Absolute Divorce by the State of North Carolina.

My question is:
My ex-wife still has not filed for Equitable Distribution with the State of North Carolina. Is she still allowed to? and if so how long would she have? Or was the extention of the divorce date her extention to either come to an agreement with me or file for ED?

Thanks very much for your help,
Mike