Absolute Divorce while waiting on ED Hearing


Hello and good afternoon,

My STBX and I have been separated for over 12 months. We have been in front of a judge a couple of times in regards to custody, child support, alimony, and ED. Our case was currently set on for review a couple of weeks ago and the judge order that we need to set a trial date to settle these matters prior to July 20th. Well the soonest court date we could get would be in December, my question is can I still file for absolute divorce even though these items are pending. I read that you would forfeit your claim to property/alimony etc.

Can you please elaborate on this process and which forms I will need to file.

Please and thank you!!


You can still file for absolute divorce even if equitable distribution (ED) is unresolved. You do not lose your rights to have the court equitably divide the marital property as long as your claim for ED has been filed and is pending at the time the absolute divorce judgment is entered.

You will need to make sure that your absolute divorce judge specifically states that the ED claim is preserved for further hearing and you should cite the file number in which that claim is pending.

Check out our Do It Yourself Divorce Guide which will explain the process and show you the forms that are needed.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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