Can I divorce before property distribution?


#1

Dear leener:

Greetings. No, you cannot wait until after the divorce to settle your property division - you must do it prior to the date of divorce through a separation agreement or file a court case for equitable distribution.

If you think that you can do your own property distribution without an attorney - good luck. Generally, people need assistance and that is why they hire us. You only have one chance to do it right…ONLY ONE CHANCE. 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.


#2

Thank you for your prompt reply. Since he and I have no children, will not need alimony and have already agreed on a simple property settlement, our separation agreement is fairly straightforward. I worked at a law firm previously and am familiar with these kinds of documents, so I believe I can do it myself. However, I understand the importance of such an agreement and do plan to have the document reviewed by an attorney before it is finalized.

Your website if very helpful.


#3

Dear leener:

Reviewing the separation agreement with an attorney is very important. 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

My husband and I have been separated for more than one year. We have no children. We do own a home together, and this is why we have not yet filed for divorce. I read your information and my question is this: can he file (I have left NC but he is still there) for absolute divorce now? If so, how does he indicate when he files that he still needs to work out the equitable distribution of property with me? (We are waiting for him to clear up some credit problems, because he wants to refinance the house in this name.) I would like to get the actual divorce out of the way and then resolve the property issue. Is that possible?

Also, we weren’t planning on using an attorney since we have no children. Can we use the do it yourself forms and be done with it?