ED process


#1

It sounds like your case is not proceeding according to the standard court guidelines. It sounds like the next step for you would be to file a motion and order to show cause and ask the court to hold your spouse in contempt for failing to follow the court guidelines. You can also ask the court prohibit your spouse from entering any evidence regarding these assets. You could also set the issue of Equitable Distribution for a hearing and ask the court to deal with the outstanding issues regarding your residence.

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

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

Thanks for responding. I did speak with my attorney yesterday, and she informed me that the ex’s attorney was supposedly filing the ED inventory today but she was having trouble getting it into a format that she could file(this made no sense to either of us??). My attorney informed her that if we didn’t have it today that she would be filing a motion to compel(is that the same thing you’re talking about). At this point, it’s already a week late and he is in contempt anyway. My attorney did inform me that a status conference is scheduled for March 3rd at which time the judge would assign the mediation. At this point in light of all of this not following court procedures, must we mediate, or like you said can I just have her request a hearing to deal with the outstanding isuse of the property? I did inform her also that if we didn’t get the ED inventory today that I wanted her to just go ahead and file an interim distribution motion for the property which she said she could do. Technically can we go ahead and file the contempt motion also? Thanks again for any guidance or information you can offer, this seems to be moving along very slowly and is quite unnecessary.

Marissa Gott


#3

Even though they missed the deadline your attorney is probably giving them a reasonable time to produce it so that your attorney can put you in the best possible light in court. The court likes to see that parties try to work things out before heading back to court. At this point you will still be required to participate in mediation and it is very rare that a court will waive that requirement.

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

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

What is the standard sequence of events and timeline for ED? I have filled out my affidavit and inventory, it was served upon the other party via their attorney. A status conference was held on Jan. 7th which his attorney did not show up for. My ex was supposed to have submitted this ED affidavit and inventory back in December (which they did not do). The judge ordered that the inventory be filled out and served upon me by Feb. 6th. Well, that day has come and gone and still nothing. Is it possible that the judge will give them another 30 days to do this or will this move to mediation at this point. Obviously they are in violation and contempt. The only issue is him signing over the house and getting items we have agreed upon that he can have, he is in California and has been for over a year. I just don’t want to drag this out all year, as it is a simple matter. No children involved, house jointly titled (although he never made a payment) and only lived there 1 year. He has moved across the country and gone on to do whatever he wants, meanwhile, I am paying on a house that I can’t even sell if I need to and feel that I am being held hostage here. How quickly is a judge likely to move this along? I would really like to get this settled within the next few months.
Any answers on the law and process etc… would greatly be appreciated, seems this is moving along at a snails pace…

Marissa Gott