After Equitable Distribution


#1

File a police report and show them the evidence you have, and ask your friend if they are willing to provide the police with an affidavit. I’m not sure what you mean by blackmail…


#2

He is holding the items “hostage” If I don’t give him certain items that were previously agreed on or he lost in the equitable distribution, he will destroy the items that he has in his possession. He also uses the items to get info from the kids, one of the items is a photo album that my eldest wants, He says he will give it to her when she turns 23 if she supplies him with the info he wants.

He is a sick man. I am embarressed to say I was married to him for 20 years. It is amazing what alcahol will do to a person.


#3

I saw on an earlier posting that you can file a motion with the court to get your property back, even after ED. A judge will almost always award back a family item, especially a photo album. Be very specific when you file the motion so he won’t do anything to it before your court date.


#4

Dear Sandy:

Do you have an agreement or a court order. If you have an agreement, then you cannot get the items back. If you have a court order, you may be able to retrieve these items with a motion, but it would be tricky, costly, and possibly not worth the cost in time and attorney fees. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.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.


#5

Thank you Janet, That’s what I figured. Since this whole experience has been an expensive one with attorney fee’s and lost time at work, not to mention the emotional stress, I have decided to put it behind me and just hope that he will in the future give these items back to our kids. I’ll try to be practical instead of emotional.

I’m glad your back and doing better. Thanks for all your help. Your knowledge and insite on matters helped me understand this long process a little better.


#6

Hey Sandy:

I think that you are making the best decision. Personal property, while having meaning, is generally replacable. It has more meaning to him right now because he is placing some emotional value on hurting you. Letting go of the property means that his ploy to hurt you no longer works, which really gives you the power he is seeking! Congratulations on a great decision and thanks for welcoming me back!

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.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.


#7

My Ex and I finally have made it through the long ordeal of Equitable Distribution. The final agreement has wording in it that states that anything that is currently in each person