ED proposal as Def

North Carolina Divorce Law Divorce and Separation Answers
1

Erin,
My wife, plaintiff, keeps saying she wants to get ED settled, but wants me to come forth with the first proposal. I am a bit frustrated because she sued me for ED. She has listed much of my separate property (retirement prior to marriage) as marital in the ED affidavit. She has also intentionally left some marital property we purchased in her home country off her ED affidavit. I have requested Discovery - specifically regarding the foreign property.

Couple Qs:

  1. How long does she have to respond to Discovery request?
  2. Would you advise client as defendant to be first to bring forward ED proposal? Do you loose negotiation leverage by proposing first?
  3. Will my ED affidavit suffice if I correctly list her omissions?
  4. Does Rosen offer mediation services or can you recommend someone?

Any other advice or suggestions you have regarding this situation? Much appreciated, again.

Gracias
Felix

2

She has 30 days to respond to your discovery request.
In my opinion making an offer to settle in no way prejudices your case.
Your ED affidavit should list what you alleged to be marital, and separate, the documents will prove what is accurate.
Please contact our client liaison, she will be happy to answer your last question.