Equitable Distribution Tome Frames


#1

There are many variables. Depends on the county. In Charlotte my Ex filed in Oct 07 with my delays and other wrangling trial was finally scheduled for September 08. Never made it that far. Other factors caused it to be pushed back. Some I controlled, some I didn’t. Final ED can take years.

Let me ask this question. Can you just walk away? If you file for and get a divorce you cannot file an ED lawsuit. It is over in regards to property. Unless you own a house jointly then obviously you would be entitled to half of the equity (if you have any).

My suggestion is, avoid the court room if you can. From what I have heard very few people on either side come out of a trial happy with the outcome.


#2

This can vary widely depending on the county, but you can typically expect to wait a year from the time an action is filed until the time a judge makes a final decision. In some counties, the dockets are not as crowded and you may be able to have a hearing in less than a year.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

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 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.


#3

My ex refused to settle and unfortuneately I will be forced to file against her for EQD. From the date I file how long before we are in trial and the Judge does the split?