Complaint For Equitable Distribution and Alimony


#1

Here is a quick overview of my situation:
[ul]I (plaintiff) acknowledge that I am the supporting spouse[/ul]
[ul]My spouse (defendant) is the dependent party–she has not worked in years and makes no income. She is 59 years old.[/ul]
[ul]She lives in a house we jointly own and I pay the mortgage for[/ul]
[ul]We have been separated since January 2013 and I have paid all her household bills throughout[/ul]
[ul]We were married about 19 years and have no children from the marriage.[/ul]

The Complaint for Divorce and Complaint for Equitable Distribution have been filed (with law firm assistance). In the latter, it reads "WHEREFORE, Plaintiff prays this Court as follows:

  1. For this verified complaint to be allow and taken as an affidavit upon which the Court may base its Orders in the case;
  2. For the Court to issue and order awarding Defendant a reasonable sum for post separation support and alimony from the Plaintiff;
  3. For an order determining the marital property and debt of the parties and making a greater than equal distribution of that property to Plaintiff, considering the factors set forth in North Carolina General Statutes 50-20(I), when such distribution is timely;
  4. For an order pending an equitable division of the assets of the marital estate making a partial or interim distribution award to the Plaintiff pursuant to N.C.G.S. 50-20(I)(1);

The law firm advised that I take those actions since she (defendant) would not verbally agree to post marital support that I verbally offered her (to allow her to continue to live in the home while I paid the mortgage in addition to $600/month alimony and giving her all property in the home).

If I’m reading all of this correctly, its basically saying the alimony and division of property is at the discretion of the court. If she doesn’t answer the complaint, what evidence do I need to present in order for the Court to have facts upon which to base judgment? Also, could a judge rule the home must be sold, even if I agree to continue to pay the mortgage?


#2

If you have filed the complaint you are putting your alimony and ED issues in the judge’s hands. You are correct that the judge will have discretion in what he or she orders. As far as the standards that the judge will use - you should consult our articles on alimony and equitable distribution. And yes, the judge could order the house to be sold.