Equitable Distribution


#1

Dear Dsunrise:

Greetings. No, you never need an attorney to do anything in court … IF YOU UNDERSTAND the law, the local rules, civil procedure, trial advocacy, etc. Basically I would advise you to obtain an attorney before you do anything with the law that you do not clearly understand.

If your spouse does not agree to the equitable distribution split you proposed, then yes you will meet in front of the judge, although the majority of equitable distribution matters resolve themselves outside of the courthouse. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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

So say he rejects my proposal for division of property. What would be the steps I would take to go to court, such as filing, etc. Thanks again for all of your help.


#3

Dear Dsunrise:

Greetings. You would file a claim for equitable distribution in a complaint. You would then need to file the appropriate statutes and local rules regarding equitable distribution claims. I will not walk you through the litigation as a coach, because that is not the purpose of this cite. If you don’t know how to file the claim, what a complaint looks like, or what to do in a Scheduling and Discovery Conference, then you can assume that you need an attorney. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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

Do you need a lawyer to file for equitable Distribution? And if the spouse does not want to cooperate on distribution, would the case go to trial? If it does go to trial or court, I am thinking that I would need an attorney. But could you please just clarify. Thanks for your help.