Divorce before ED

I am separated from 1.5 years, and filed lawsuit for ED and child custody last year, court process is taking long time. Can i divorce before equitable distribution settlement, child custody etc… ?
Also I am looking for buying house for myself. Should i wait for divorce to happen or can buy now before divorce and/or equitable distribution ? What is impact otherwise ?

As long as you have the claim of equitable distribution pending, you can get divorced now. You do not have to wait for equitable distribution to be fully resolved if the claim is pending.

As it relates to custody, you can get divorced at any time.

You can buy a house now, but your spouse will need to sign a free trader agreement since you are still married. This will allow you to buy the home without your spouse’s name on the deed, and it will also waive and prevent any interest your spouse could have in the property by virtue of being married. If you’re going to make a large down payment, you’ll want to make sure that you are not using any funds which could potentially go to your spouse in equitable distribution.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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