# Divorce decree granted prior to settlement? **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [January 15, 2008, 9:05am UTC](https://forum.rosen.com/t/divorce-decree-granted-prior-to-settlement/5487 "2008-01-15T09:05:42Z")\ **Posts on this page:** 3\ **Page:** 1
**Author:** ![Golfball](https://avatars.discourse-cdn.com/v4/letter/g/ee7513/32.png) [@Golfball](https://forum.rosen.com/u/Golfball)\ **Post date:** [January 15, 2008, 9:05am UTC](https://forum.rosen.com/t/divorce-decree-granted-prior-to-settlement/5487/1 "2008-01-15T09:05:42Z")
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.) ---
**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\ **Post date:** [January 17, 2008, 6:46pm UTC](https://forum.rosen.com/t/divorce-decree-granted-prior-to-settlement/5487/2 "2008-01-17T18:46:13Z")
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 > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. 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. ---
**Author:** ![JJ8](https://avatars.discourse-cdn.com/v4/letter/j/ebca7d/32.png) [@JJ8](https://forum.rosen.com/u/JJ8)\ **Post date:** [January 15, 2008, 5:46am UTC](https://forum.rosen.com/t/divorce-decree-granted-prior-to-settlement/5487/3 "2008-01-15T05:46:48Z")
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?