Equitable Distribution- Filing yourself


#1

Dear uncgal4:

Greetings. You must file a complaint for equitable distribution. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

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.


#2

Hi, thank you. Yes, I know that I must file a complaint for ED. My question was more specifically, HOW to file it?..do I just type up a paragraph stating that we want to settle ED later, preserving my rights to ED while filing the Divorce Forms? And then I just take this piece of paper titled “Complaint” and give it to the Clerk along with the Divorce Forms that I have filled out? I assume there is a separate cost to “file a complaint”? Thank you.


#3

Dear uncgal4:

Greetings. Go to the forms portion of our website. That is the best I can tell you. I cannot advise you on “how” to file any better than I have. You must file a complaint and a complaint has specific requirements that are much more than a simple typed paragraph. Also, once you file, you will have a lot of requirements to meet for the equitable distribution to go through. Good luck - and please see an attorney.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

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.


#4

Question on correct process for filing for Equitable Distribution in using the Do-It-Yourself forms?..I have the packet of forms from Clerk of Court, and know there is no separate form for ED. I am aware that it is recommended that WHEN my Ex and I settle ED that we have an attorney/mediation, but right now I just want to get the divorce over and done and Preserve my rights to ED, to be settled later. SO can anyone please tell me HOW to file “claim” “motion” “lawsuit”? DO I just type a paragraph stating that and take it to the Clerk and “File” along with the Divorce Forms? I know that a “claim” for ED must be on file before a divorce is granted to protect rights to ED. Please advise. Thanks!