Do not wait until the absolute divorce is granted before you file for equitable distribution. You lose out if you haven’t already filed by then.
Also, for clarification, whose infidelity?
Best of luck!
Dear headachesrus:
Greetings. Cute screen name! Okay, you must file for equitable distribution (property division) before the divorce is finalized (go do it tomorrow). Infidelity is generally not a factor in property division, unless you spent marital funds to participate in the infidelity. No, having a child does not entitle you to a vehicle, but you may be entitled to one anyway.
Now, if you want my advice…save the funds and get yourself a vehicle and file for child support as soon as the child is born. Also, make the trip just to sit down with an attorney to discuss a cost benefit analysis to litigation over property - I will wager it is cheaper for you to purchase your own car then to fight with him to get one. Best of luck and sorry I don’t have any better news for you.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668
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.
quote:
Originally posted by pickles
Do not wait until the absolute divorce is granted before you file for equitable distribution. You lose out if you haven't already filed by then.Also, for clarification, whose infidelity?
Best of luck!
Mine. Will that effect equitable distribution? Six months before we even seperated, I found proof that my husband was speaking to other women about ending our marraige. Can that be any help on my part. I didn’t cheat until about a month before we actually seperated. Or am I just wasting my time trying to fight for something that I won’t get?
quote:
Originally posted by JanetFritts
Dear headachesrus:Greetings. Cute screen name! Okay, you must file for equitable distribution (property division) before the divorce is finalized (go do it tomorrow). Infidelity is generally not a factor in property division, unless you spent marital funds to participate in the infidelity. No, having a child does not entitle you to a vehicle, but you may be entitled to one anyway.
Now, if you want my advice…save the funds and get yourself a vehicle and file for child support as soon as the child is born. Also, make the trip just to sit down with an attorney to discuss a cost benefit analysis to litigation over property - I will wager it is cheaper for you to purchase your own car then to fight with him to get one. Best of luck and sorry I don’t have any better news for you.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668The 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.
Thanks for the advice. However there was no property purchased while we were together except for a vehicle. So since I won’t need to push for equitable distribution, what about any debts that were aquired while we were together. I spent a week in the hospital and our insurance company stated that they would not cover the bill. Is there any way that I could make him pay for it? Just curious.
Dear headachesrus:
Greetings. Property, assets, and debts are all “marital property” so yes, you could get your spouse to pay for half of your medical bills which were incurred during the marriage. Best of luck.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668
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.
I have been married for a little over 2 years, seperated for longer than a year. My husband has recently filed for an absolute divorce. During our marriage we acquired a car and he had a truck before we were married. When we seperated, he took it upon himself to keep both vehicles even though I had asked him for the car being that I had found out that I was pregnant.
Will infidelity be taken into consideration if I choose to fight for half the assests?
Am I intitled to a vehicle being there is a child involved?
Will I have to wait until the absolute divorce is given before I can attempt to aquire half the assests?
I am stuck in a hard spot being without transportation to even work to hire an attorney to represent me. Any suggestions or help would be nice.