Can I still file ED?

North Carolina Divorce Law Divorce and Separation Answers
1

Separated Husband filed a Partition Action instead of ED. We have not been separated a year yet. At this point I am severely indigent. However, through a friend, I was able to find a real estate attorney to help me deal with the Partition Action pro bono. However, they do not practice family law and honestly I am having difficulty finding an attorney who does.

For now I am on my own in handling the divorce unless I can find a family law attorney pro bono also. My case is complicated and I seriously doubt I will be able to navigate it on my own.

My questions:

  • Can I still file for ED after he has filed a Partition suite?
  • If I can still file for ED, would it be wise idea to do so?
  • what is interim distribution?
  • Is Interim distribution an option?
  • Do you have any other ideas on the best way to handle this situation?..Partition Action before ED and absolute divorce.

Thank you

2

Partition and Equitable Distribution are two completely separate actions. Usually partition is used as a mechanism to divide real property after the divorce is granted, although that is not the case in your situation. You certainly can still file for ED, and keep in mind if the absolute divorce is granted with no pending claim for ED, that claim is lost forever. Interim Distribution is the action that would grant you possession of certain assets prior to the final judgment on Equitable Distribution being made.