Contest divorce after filing?


#1

Assuming that he waived his rights to equitable distribution in the paperwork, (A Separation Agreement and Property Settlement) then he cannot try to readdress the issue of property distribution. Either way the only issue at the time of divorce is whether you have been separated for one year.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
NCdivorce.com
email: angel@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.


#2

We have not been separated for one year. My husband is a very bad alcoholic who went into rehab and got drunk the night he came home. He lost a $50,000 a year job because of his drinking. I left him and moved in with family for 2 months before filing for divorce. The divorce paperwork we signed just said that we agreeded amongst ourself to split our possessions.


#3

Dear cam:

Greetings. He will have to file a claim for equitable distribution. Just telling you he does not agree does not mean anything. 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

10925 David Taylor Drive, Suite 100
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.


#4

I filed for divorce on July 13, 2005. My husband agreed to an un-contested divorce and signed the papers also. Now he tells me he doesn’t agree with how we split our possessions (mainly furniture). Can he do anything about it after he has already signed the papers and they have been filed?