Equitable Dist Claim


#1

The attorney is probably correct in that you must appear before the courts can hear you. I understand that there is a finacial strain but in order for the courts to be shown any of that proof you have, you would need to be hear. The best that you can hope for in your situation is that your stbx would have to leave since you have a restraining order against him. I suggest speaking with the same attorney and find some way to be here for that hearing.
There may be sample forms on the home site but as far as what you need to do to file, an attorney would need to answer that.


#2

The court does not automatically know that you are telling the truth. They are required to give both sides the chance to present their side of the story. Unfortunately, that is causing you an inconvenience. You will need to appear for the hearing, but if you present your evidence, the action for divorce should be dismissed. If he attempts to file for divorce again in four months you will need to file a claim from Equitable Distribution to preserve your right to marital property.

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

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 but a full discussion with an attorney should be undertaken before taking any action.


#3

ok, thank you for the advice. Legal Aid had sent me forms for an attorney for this case, but for some reason the attorney was unable to contact me and closed out my case. I am now trying to get them to reopen this, but since I am no longer living in a shelter and am now on assisted living they seem unwilling to help. So if I do not appear does that mean this divorce is automatically going to go through. I financially have no way to get to North Carolina by the end of next month. I have no one to loan me the money or to take me out there, and if I leave the state I will loose my job. Since I just started I do not qualify for any time off until I have been here one year. This will put me back at square one. Is there any way that I can request to do the hearing by telephone?


#4

You cannot request to do the hearing my telephone. It may not work but you should send a detailed answer to the court stating that you contest the date of divorce. I would also file a motion for a continuance and state all or your reasons for requesting the continuance. You can find the forms online at wwww.nccourts.org. If you left the relationship because of domestic violence, contact Interact, they may have some additional resources available to help you.

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

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 but a full discussion with an attorney should be undertaken before taking any action.


#5

Hi, I had posted earlier about my husband filing for divorce even though we have only been separated 8 months. Well the court hearing was this week and the trial has now been postponed until the end of next month. Here is my problem. I spoke to an attorney in NC (I am currently out of state) and she stated that I have to be present in order to be heard in this hearing. She also stated that I need to file an equitable distribution claim in order to get certain property from the marriage. I filed an answer to the original court hearing stating that we had only been separated since Sept. I had a police report and a copy of the restraining order that shows the date I left North Carolina. I do not understand how this can still be going through the legal system in NC when we have not been separated 1 yr. Does anyone know if I have to appear in person in order to be heard in this case. Also, if I have copy of utility bills in my name up until the time I left will that be enough proof along with the police report to show that I was still residing with my husband. I also need to know what this equitable dist claim is and how I would go about filing one. I finacially do not have the money to come back to NC and cannot appear in person.
Thanks for any help!