EDI - Eqitible Distribution Inventory WAKE-DOM-18

North Carolina Divorce Law Divorce and Separation Answers
1

EDI (WAKE-DOM-18) Questions:

  1. Supporting Documents:
    http://www.nccourts.org/Courts/CRS/Policies/LocalRules/Documents/680.pdf
    In the Wake County Family Court Rules on pg 25, item (b) ‘Documents to be Provided as Initial Disclosures.’
    It states:
    **UNLESS OTHERWISE SPECIFIED, THE DOCUMENTS AND INFORMATION PROVIDED SHALL BE FOR THE FULL CALENDAR YEAR PRECEDING THE DATE OF SEPARATION THROUGH THE DATE OF SERVICE OF THE INITIAL DISCLOSURES.

I understand the 'full year before the DOS, but do I also have to provide supporting documents from the DOS to now (Date of Service) ?

  1. On pg 26, item (7): Bank statements.
    It states: “…during the marriage and owned on the date of separation, whether or not currently owned on the date of service of the Initial Disclosures…”
    The way I read this, I do NOT have to provide any statements AFTER the DOS.
    If I’m wrong, why do I need to provide info on my separate (in my name only) bank accounts ?

  2. Do I have to TYPE the WAKE-DOM-18 ?
    I can Not find an online copy where I can type in the data, and print it.
    The only ones I can find online do Not allow me to edit the PDF and I do not have a PDF editor, nor the money to buy one.

  3. Are there 2 WAKE-DOM-18 forms ?
    I ask as I found this WAKE-DOM-18 form at Wake-DOM-18 Initial Pretrial Order (Equitable Distribution) (Rev. 2/10) (fillable PDF) | North Carolina Judicial Branch
    titled: INITIAL PRETRIAL ORDER (EQUITIBLE DISTRIBUTION).

  4. In the WAKE-DOM-18, pg 3, item 7, it states I have to provide the opposing counsel an electronic copy of the EDI and all supporting documents.
    I sure hope not, as this would mean I have to buy a scanner and scan in all my hard copies of documents.
    Unless you have another idea ?

  5. Lastly - If I run out of time (the initial 30 days after filing for ED) and do not get all the supporting documentation, may I put that I am getting it as soon as possible in the comments on the EDI ? Would I get in trouble if I can’t provide every piece of supporting documentation needed ?

  6. What happens if I do not provide the EDI by the 30th day ?
    I did not understand completely what Rule 11.10 Effect of Failure to Comply (pg 27) means.

2

You are required to include documents up to the date of service.
Item 7 does not require you to provide statements for separate accounts, but the section that allows you to list separate property may require you to provide statements for new accounts. This is necessary to ensure martial funds were not used to fund new accounts.

I do not know of any requirement that says the form must be typed.

An initial pretrial order is not the same form as an EDI.

You may try taking your form to Kinko’s to scan the document in.

With respect to document production, I suggest you let the other side know that you are close to completing your disclosures, and explain why they are not complete.

The judge will have the discretion to decide what, if any sanctions are imposed for failure to comply.