ED after Absolute Divorce?


#1

Everything had to be revealed in your affidavits before the case was decided. If the retirement account was included in the affidavit and never dealt with, then I would say that’s double jeopardy. However, if you concealed it, that’s another matter.


#2

Dear Ron:

Greetings. You need to immediately see an attorney. The language they placed in their answer may be sufficient to be a claim for equitable distribution. I would have to see the language specifically and do some legal research, so I would suggest that you hire an attorney to review the same. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

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

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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.


#3

We re-read the wording on their answer and it is sufficiently vague enough to get back into court.

My problem now is there is a hearing set for next week for “status” filed by her attorney. I cannot afford a lawyer and am having to go Pro se. Just to recap, we separated in December 2002, she also quit her well-paid job as an Executive assistant when I left. I left for several reasons, not least of which coming home from work to find another man asleep in my home. She now claims she cannot work because she is too sick. She was diagnosed Bi-polar over 10 years ago and worked all the way up until I decided enough was enough. Prior to the separation, she had her own health insurance and income etc, both of our family cars were in her name. Shortly after I moved out, she also declared herself bankrupt so now all of the marital debt and some of her debts are on me. I voluntarily paid her the $1000 the NC Calculator specified until we went to court in September 2005, when she told the judge I had not paid her a penny, that I had abandoned her and our two kids with nothing. Luckily, the child support I had paid for 3 years came out of my pay-check straight to her bank so I was able to prove her liar, but I was still ordered to pay an additional $200 in child support, plus $500 in post separation. Shehad quite happily lived on the $1000 for 3 years, but since increasing that to $1700, she has stopped paying bills to the point she gets disconnection notices which she wants me to pay IN ADDITION to the support she already gets from me. She also spent a month in hospital during which time my girlfriend and I had custody of my two children (in total this year we have had the kids stay with us for 6 weeks out of 16- can we get an adjustment for this?).

I have two children with my girlfriend - a newborn and a 2 year old, and have not had the support adjusted since the youngest was born. My two from the marriage are 16 and 8. Since separating from her, I have bought two cars, and a house. Can any of this be considered marital? My ex and I did not own any property and I let her keep the furniture, only taking my stereo. I am concerned that the judge is going to sympathise with her. When we last went to court to get the divorce my ex purposely turned up looking a wreck, when just a few days before she was fine, but the judge took pity on her. My girlfriend and I are struggling to make ends meet because of the amount I have to pay. She is purposely impunig her income, but we don’t seem to be able to prove it. What can we do to get a fair outcome? She doesn’t spend any of the upport on the children, or bills and they always say there is no food in the house. She was also claiming welfare illegally. I desperately need help to get out ofthis whole. I do not want to support this lazy woman for the rest of her life. She cheated on me, wasted money that was intended to pay bills (thousands!) on herself and her boyfriends, declared bankruptcy - my credit was so bad my girlfriend and I almost couldn’t get our house. PLEASE, PLEASE HELP!


#4

Dear Ron:

Greetings. It sounds to me like they made a request for equitable distribution in their counterclaim. Usually the court will construe the language in the favor of the claim. If they made the claim, then yes, she can pursue it after the divorce. Consult an attorney - quickly - as you may have failed to reply to the counterclaim at this time. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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.


#5

I filed for divorce several months ago and since then it has become final and absolute. Today however, I received a phone call from her attorney requesting contact information for my HR department to gather 401K information. My question is, since the divorce is now absolute can they still file for my 401K? In her answer to my complaint, they stipulated a request for more than 50% of marital assets (which after debts are negative), but there was never a formal filing for ED. It is my understanding that her attorney would have had to specifically assert her claim to ED. What constitutes an assertion? The statement in the answer that she believes she is entitled to more than half, or a specific filing? HELP!