Equitable Distribution and Other!


#1

Dear James:

Greetings. By statute, a scheduling and discovery conference is supposed to happen within 90 days of filing the initial action. Also, the local rules in the county where you live dictate how long each party has to perform certain necessary tasks in the equitable distribution claim. Even though this exists, most attorneys take their time and deal only with one issue at a time and not all of them. For instance, child custody may be the only issue one side wants to handle at any one moment in time, so they let the other issue linger or wait.

If you cannot come to an agreement on equitable distribution, it can take from six months on to get to a final trial, although there are many other steps along the way. 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.


#2

Thank you.

Since an equitable distribution has already been filed, could I go ahead and call her to see if WE could come to some agreement on the house. Such as, if she would agree for me to put it up for sale, or do I have to wait until her attorney does something? What would you suggest? Thanks.


#3

Dear James:

Greetings. If I remember correctly, you said in the last series of posts that you were already divorced. If they filed equitable distribution after the divorce, see an attorney who will be able to file a Motion to Dismiss their claim.

Otherwise, you can talk to her about it. The bottom line is that you probably need an attorney to help make sure that she does not get more than she deserves. 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

Thank you.

Yes, my divorce was final in April of this year. I did call her to discuss putting the house up for sale, only to hear,“talk to my lawyer”. Well you know the answer, I didn’t get anywhere there. I called my mortage lender and was told that papers had been filed to keep me from selling any of the property. Can this be done? What kind of papers? Why am I not being told any of this? I was not expecting what I am finding out.

I do greatly appreciate all your time in answering my posts. Thanks.


#5

Dear James:

Let me tell you something you need to understand, which they teach us over and over again in law school and in practice … IGNORANCE OF THE LAW IS NO EXCUSE.

What I am saying is that just because you do not understand what is going on, does not mean that the court will stop to educate you. My advice is that you retain an attorney immediately. Keeping the value of your house should be your primary motivation and although you will have some attorney fees, I bet they will be less than what you will lose if you don’t have an attorney.

Finally, they have to let you know everything they are doing by copying you, or your attorney, with a copy of everything filed. Your attorney should send you a copy of every letter, motion, document they receive and be willing to explain the same. 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.


#6

Thank you so much, Janet Fritts.

I am taking the advise you gave me on these post and I WILL make an appointment with an attorney.

I so wish I lived in Wake County, I would be sitting on your office steps.

Thanks again.


#7

Dear James:

I also wish you were here, since it sounds like someone is trying to pull the wool over your eyes on the other side and hoodwink you (as my grandma used to say). 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.


#8

Hello Janet Fritts;

I will start a new post, the other is getting very long.

Thank you for your answers. Yes, I did send a check, however, it had not cleared my bank, as of today.

Yes, she has filed for equitable distribution. It is just setting there waiting to begin, I suppose. The person at the court house wouldn’t give me any information, just said that I need to ask an attorney.

What is going on here? Does this E.D. just get thrown back into a corner untill the attorney is ready to act? How long is this going to take? Something just doesn’t seem right. Do you feel that her attorney is wanting to get the child support and custody hearings out of the way first?

Your answers are greatly appreciated, thanks.