Equitable Distribution Before Divorce?


#1

I found this when researching equitable distribution in NC:

“”""" Divorce is an absolute prerequisite to equitable distribution of property. In one case the parties agreed that they wished to live legally separate but did not wish to divorce, and they asked the court to decide on a fair division of property. The court could not make a legally binding decision, despite the couple’s agreement, because the parties were not divorced.11 North Carolina is a “no-fault” divorce state, and almost all divorces are based on one year’s separation. Thus anyone can obtain a divorce in this state if he proves that he has lived in North Carolina for six months and that he and his wife have lived separate and apart continuously for one year.12 Only after the divorce is actually granted, may the court divide the property.""""

Why is my husband bringing a ED case against me and yet NOT filing for divorce? Will the state then not be able to make a legally binding decision in this case?


#2

The only prerequisite is that you are separated - not that you have to be legally divorced. You have to file for ED before you are divorced. If you end up having an ED trial, depending on the court calendar, it can take anywhere from 12-16 months to have a full trial. Other factors include that it usually takes a long time to conduct discovery and get experts ready, etc. ED trials are a very rare event, probably the most rare out of all major family law issues. If a trial is necessary, the parties are normally divorced by the time it is heard.


#3

Thank you…his attorney says he has not requested a motion to divorce. so I guess it just seems weird.

What if there is no divorce then? I do not plan on filing. The house can still be sold and equity divided according to the judgment?
What if I don’t want to sell the house with such a bad market right now? Without a pending divorce, am I required to?


#4

As long are you are separated and have a date of separation, the court can award ED, even if you are married.