Divorce/Div of Property

Dear Dsunrise,

I am sorry to hear about your situation. To clear things up, what you are talking about are 2 different situations. First, the division of property, custody and support are separate actions from divorce. You can get an even division of the properties in court, but that action could take a while to complete. You can also get support as well as custody in separate actions that can all be brought at the same time. However, the divorce is a completely separation lawsuit. You should make your claims for the division of property, custody and support (especially spousal support) before you file for divorce. If you have not made your claims for the property distribution and spousal support in particular, before the divorce judgment is entered, you will lose the right to make those claims.

The only thing that he can really do to hold up the divorce is to dodge service (which will eventually be accomplished even if he never accepts service), and to contest the date of separation. If there is no argument about the date of separation, you will be able to get divorced fairly quickly after your 12 months has passed. You can still pursue those other actions if you have already filed them before your divorce is final.

Good luck,

Shonnese D. Stanback
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
email: sstanback@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 but a full discussion with an attorney should be undertaken before taking any action.

I will make this as brief as possible - After enduring many years of unfaithfulness by my spouse we have been separated for 10 mos. He refused to leave the house and I did not feel I had enough proof to get him to leave by Divorce from bed and board. He was pulling all kinds of stunts and finally I moved out of the house with my 3 children. About a month after that I had to get a 50-B and when we went to court it was extended to a year. I have had to put him up for child support during this time as well. At one year I plan to file for divorce and the main marital property we have is the house and two timeshares. Could he make it hard for me to get even distribution of these items? Could he contest the divorce and keep me in court? I am pretty much trying to see what I am up against because he has made it extremely hard just to get through this period and he will continue to do anything to make my life miserable. Please help.