Divorce/Equitable Distribution


Dear Dsunrise:

Greetings. No, the only way to ensure that your rights to equitable distribution are preserved is to file a claim for equitable distribution prior to filing for divorce (or at least filing the claim for equitable distribution prior to the date of the divorce judgment, but I tend to think that is cutting it too close). Come up with enough to pay an attorney draft a complaint for you.

Also, we have a comprehensive complaint on our website which contains a claim for equitable distribution. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax


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 am wanting to get a divorce. I realize that I have to file for equitable distribution first. I don’t have enough money to pay an attorney to get that process started and also get my divorce. I only have enough to get the divorce. Is there any way I can get divorce proceedings started and also let the court know that I am wanting equitable distribution at a later date (a few more months)without losing my rights to this. This is going to be a process that my soon to be ex husband will make last forever and I am just wanting to get a divorce and move on.