You need to contact your attorney and find out if Equitable Distribution claim is still standing. It does not have to be decided prior to absolute divorce, but it must at least be filed for. They may put in a provision that ED will be decided at a later date, but I would check on that with your attorney to be sure before you sign.
You need to move forward with your Equitable Distribution claim to make sure your rights are properly preserved. You should contact your former attorney or a new attorney as soon as possible to find out the status of your equitable distribution claim.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Chapel Hill, NC 27514
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Good morning!! I have a question:
My husband and I have been separated for 19 months and I was sent papers last week from his lawyer filing for an absolute divorce. My question is…he is still in the home where 90% of the material belongings are mine (premarital and gifts). I filled out an affidavit with my lawyer 13 months ago (not sure what happened to those papers) but if I sign the absolute divorce papers am I giving up all my belongings or is the matter of property settled after the divorce papers are signed. I have absolutely NO problem signing the papers and getting the divorce, I just want to make sure that I am entitled to my belongings. Thank you so much for your time!!