Contesting divorce


#1

I am sorry to hear you have been going through this. If you have been separated for a year and a day, there is nothing you can do to contest the absolute divorce. However, if you have not resolved your property issues, you can file a lawsuit for equitable distribution and the court will assist you in completing your property division issues. You need to make sure you preserve your property claims prior to the divorce judgment being entered otherwise you lose the right to ask the court to assist you with these issues.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

MY HUSBAND HAS FILED FOR DIVORCE IN GASTON COUNTY. I NEED TO RESPOND AND FEEL I SHOULD CONTEST THIS ACTION. WE HAVE NOT HAD THE DIVISION OF PROPERTY AND SEPARATION AGREEMENT, AND HE IS BEHIND ON MOTRGAGE PAYMENTS AND HAS SOLD MARITAL PROPERTY. I DO NOT HAVE MONIES FOR AN ATTORNEY.
AFTER 31YRS TOGETHER I SAW HIM THROUGH TWO OPEN HEART SURGERIES, AND HONESTLY FEEL HIS THOUGHT PROCESSES HAVE BEEN AFFECTED.
PLS ADVISE, TYVM