Distribution of property


#1

Dear divorcethecon:

No, the divorce can only be prolonged if you have not been separated for a year - of if he claims that you have not been. Now, of course he can make a claim for equitable distribution to deal with the bills, but that claim in court would then survive past the divorce and you would still have to deal with his claims after the divorce date.

The court does consider fault when dealing with alimony, but generally the court does not consider the types of fault you mentioned below in equitable distribution as it is not financial in nature. Horrible yes, but not financial in nature. Now, if you are talking about your medical bills and property damage bills from his attacks, then yes, I think the court would take those into account and charge them to him when he gets out of prison. 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.


#2

I have been separated almost 12 months and am in the process of completing the do-it-yourself divorce. As far as I am concerned, we have equally divided all our proerty. We were together just over a year and he moved in with only his clothes. However, there are some bills in his name he incurred. Can he prolong the divorce in any way by trying to tie it up in court with bills etc.? I have proof of our separation date. Also, after the date of our separation he had multiple charges against him for ADWD, criminal trespass and stalking me. Will a judge look at that? He also ran me off the road and totalled my car so if he tries to stick me with bills can I do the same to him? He is in prison and really has nothing better to do. Thank you for your time.