If you feel you’ve reached the end of your rope in regards to trying to get a separation agreement & property settlement done, filing for E/D is always an option.
Depending on how much is at stake, however, it may cost you more in attorney’s fees to file for E/D than your share of the marital estate is worth.
For some assets, you may be able to file an action for partition after divorce, though.
If you cannot reach an agreement, your option would be to file a lawsuit and ask the court to make an equitable distribution of your property.
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
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I am confused. If my ex will not agree on ED - he wants it all - what would be the next step? Do you have to go to court or is there anything that can be done before having to go to court. I am not asking for much, in fact it would be like a 70/30 split with him getting 70%. I just want to move on and am willing to give him most of the stuff; however, I am not willing to give him all of it. He does not want to hire an attorney and so far has done everything on his own and my attorney will not negotiate with him.