ED Question Re: Debt

North Carolina Divorce Law Divorce and Separation Answers
1

When you make a request for ED you are asking the court to divide all marital assets and debts, regardless of whose name the asset or debt is in. If your spouse has filed a lawsuit, you will want to file an Answer and Counterclaims, when you do that you should assert your own claim for Equitable Distribution.

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

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

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.

2

Thank you for you answer.

tonbon1111

3

Another question I have is about Debt and ED. Do you have to request ED in order for the marital debt to be split? In other words, If the wife requests ED, would that mean that the debt would be split for both parties, or would it just apply to her marital debt (in her name)? Would the husband also have to request ED in order to split up his marital debt (in his name) with the wife?

So here’s the scenario:

Wife requests ED and has $30,000 in credit card debt in her name.
Husband does NOT request ED and has $30,000 in credit card debt in his name.
The debt was accrued inside the marriage and is marital debt.
With regard to debt, does it matter that the husband didn’t request ED when it comes time to do an ED for the wife?

Also, another IMPORTANT question. If the husband did NOT request ED, can he still bring an ED hearing to court to resolve the property, or does he have to wait on the wife to bring it to court since she did request ED??

Thanks!

tonbon1111