Spouse is refusing separation agreement and I am told that I need to file an equitable distribution claim to reserve rights to the property/marital home asap.
1-Are there alternative options to encourage spouse to cooperate with property division without filing ED?
2-is there a time requirement for filing Ed claim ? ( aside from filing Ed before divorce is granted?)
3-Are there any resources to help with starting the equitable distribution claim process? (worksheets on what is required to list for distribution)
(1) If the spouses cannot agree on a property distribution, then the only option is to file an equitable distribution lawsuit against the other spouse. You can also try attending a mediation session with a certified family financial mediator to attempt to reach an agreement before initiating litigation.
(2) There is no time limit, however, equitable distribution must be fully resolved in a separation agreement or the claim pending in court prior to an absolute divorce judgment being entered.
(3) Check out our detailed article about equitable distribution: Equitable Distribution: What You Need to Know
You can use our Sample Court Complaint, which includes the claim for equitable distribution, as a guide to draft your own.
Once an equitable distribution claim is filed, you will need to complete an Inventory Affidavit which lists all of the property, assets, and debts, both marital and separate.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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