ED Process

Dear lreeder:

Greetings. Did your friend file an answer and counterclaim? Attorney fees are not normally granted in equitable distribution cases as they are not allowed by statute. That is the best I can tell you based on the questions you asked. 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

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.

My friend’s ex-husband filed an ED prior to their divorce. She is the one who filed for the divorce and it has since been granted. He has an attorney but she does not and cannot afford one. She doesn’t agree with the most of the items on the ED. They have no real property and most of what is included is household furnishings; pictures, old electronics, furniture and so forth. He has included his salary for one of the years that they were married (says he doesn’t know what she did with it). He has also neglected to include his 401K. I’ve been trying to help her find the right forms but by what I can find, she is supposed to file an appeal or response to the ED. He is also trying to “tax” her with the cost his attorney filing the ED. I have helped her complete an ED of her own but I’m concerned that isn’t what she is supposed to do. We are in Surry County and I haven’t been able to find anything helpful in how to respond to the intial filing of the ED. Can you provide any assistance? She filed for indigent services and I thought I found something that stated that she would be entitled to counsel but the cleark said that wasn’t the case.

Please help!