Equitable Distribution statue of limitations


#1

I have had an absolute divorce for 18 years. Can I still be sued for equitable distribution if a claim for equitable distribution was pending in the file at the time of divorce. Is there a statute of limitations.


#2

If the equitable distribution claim was pending at the time the absolute divorce was granted then it’s possible that a party could still move forward on the claim but not likely. The court may have already dismissed the claim for failure to proceed with it after so many years (called failure to prosecute).

The statute of limitations wouldn’t apply here since the claim has already been filed.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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