So many questions in this whole equitable distribution mess. The trial is over. The judge has declared that in our case an equal distribution would not be equitable and he split the assets at 60/40. 60% to me and 40% to him. My attorney at the time claimed that this was a victory on our side. The figures then show that I will be receiving in assets approximately $40,000 more than my ex. This I will have to pay back in distributive award payments to my ex. So how is this possibly a win for me? Oh and the figures come out like that because even with an injunction filed my ex allowed our marital home that he was renting out to go into foreclosure. the judge gave him full credit for the loss of the house that he let go into foreclosure! How is this fair and how can I fight it without an attorney? I paid out $36,000 in attorney fees and can not afford to hire a new attorney. Shouldn’t the judge have sited him for contempt of court for wasting, depleting assets?
Reading through the Findings of Fact section of the court order may give you insight as to why the judge ordered equitable distribution in the way that he/she did.
If you believe that the judge made an error in his/her judgment, then you can file a notice of appeal within 30 days of the entry of the order.
For the judge to have held your spouse in contempt, you would have had to file a motion to appear and show cause (i.e. a contempt motion) against your spouse for the issue of contempt to come before the judge.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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