Ex dismisses equitable distribution claim


#1

After paying my attorney nearly $30,000 over the course of nearly 2 years and only getting the child custody agreement finalized, I terminated her services. My Ex and I were in no conflict, saw eye to eye and had pretty much hammered everything out ourselves anyway. We agreed to use his attorney to finish the separation agreement and finalize the divorce. The divorce was final on April 21, 2014 even though we hadn’t signed off on the final Equitable Distribution part.

Yesterday, I received a certificate from his attorney stating that he “hereby dismisses with prejudice his equitable distribution claim filed herein on February 28, 2014”. I’m pretty sure it means he’s not willing (now) to go through with any ED at all. I just need to know, since I have no legal representation now, what I can do…if anything, to get my 50/50 ED.
Thanks!


#2

Pursuant to NC Gen Stat § 50-11(e), a claim for equitable distribution is lost unless it is pending prior to the judgement of absolute divorce. It was not in your best interest to rely on your husband’s attorney to preserve this claim. You should hire an attorney who can carefully examine your options at this point. Procedurally, there may be a way to reassert this ED claim. Unfortunately, if these efforts are unsuccessful, you have no legal remedy to have the court hear your ED claim.