Divorce decree granted prior to settlement?


#1

Yes (at least on the property part), but what do you mean by “settlement of property?”

The courts are more than happy to grant a divorce before the property is settled, however, if claims are not properly asserted or preserved in the complaint for divorce, you may lose the right to petition the courts for distribution of property.

The short version is: If you don’t file for E/D or PSS/alimony no later than the time you file your claim/counterclaim in the divorce action, you lose the right to make those claims. (And if they are already pending, you do need to properly preserve them.)


#2

Yes, you can proceed with the divorce at any time, however, if the property issues are not resolved via a Separation Agreement or a Consent Order, you willl have no ability to address this issue with the court in the future if you cannot work this out.

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.


#3

My spouse and I have been separated since February 1, 2007. We are in the process of selling the home we jointly own. Can the NC courts grant the divorce decree prior to the settlement of property and the determination of child support?