Equitable Dist

North Carolina Divorce Law Divorce and Separation Answers
1

Dear sam38:

Greetings. The general answer is NO, the equitable distribution cannot be filed after the divorce is final.

There are some rare cases though when someone had a filing which was supposed to contain an equitable distribution claim, but failed to do so in the language therein correctly, and then the court allowed them to return and amend their complaint. This is extremely rare and you should consult an attorney immediately if you think you have lost your claim for equitable distribution to see if they can help you! The longer you wait, the more certain your loss is.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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.

Is it as easy to amend the ED as it is to amend child support?

3

Dear sam38:

You amend all pleadings by following the rules set out in North Carolina Rules of Civil Procedure rule 15. I cannot tell you whether or not it is “easy,” except to say that it is sometimes easy for me and sometimes it isn’t. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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.

4

Hello:

Is there any way an “equitable distribution” can be filed ,IF, the divorce is final? If so, what is the process?

Thank you so much for your time.