I was granted an absolute divorce in 2013 from Cumberland County. Equitable distribution was held off due to the pending sale of a house. The house sold and the money received was held in trust till ED was completed. I wasn’t able to afford a lawyer to complete it and last year the lawyers office notified me that the funds were being sent to the court as they couldn’t hold them any longer. I am trying to find out what I can do myself to get my half of the funds. Thank you so much.
Let me also add that neither one of us live in North Carolina any more. I live in Washington State and he lives in Georgia. Would I be able to file for ED in Washington as the money from the sale is being held in NC?
If you had an equitable distribution claim pending in NC at the time the absolute divorce was granted, then you may be able to finish the equitable distribution case in NC. One way to finish the equitable distribution case is to enter a consent order with your ex-husband finally distributing all marital assets not already distributed.
If you did not have an equitable distribution claim pending at the time the absolute divorce was granted, then you will not be able to pursue it in NC at this time. I am not licensed in Washington and therefore cannot give legal advice about filing claims in Washington.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
To enter a consent order is there a form for that? I have search online for one but I am not able to find it. Or would we just need to send in paperwork saying we are in agreement to a 50-50 split?
There is no standardized form for a consent order. A consent order is a court order drafted by one of the parties that both parties sign and agree to. All of the terms of the equitable distribution that the parties agree to would be included in the court order. This needs to be more detailed than a simple statement that the parties agree to a 50/50 split.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.