Equitable distribution must be filed for at the very least prior to absolute divorce. After that, if it has not been mentioned prior, you can NEVER get anything.
Well, you can’t get things via E/D proceedings. Other proceedings (such as an action for partition) may allow you to get something, but you won’t be able to get everything an E/D hearing would allow.
Let me amend my response: You can’t get things via E/D proceedings after an absolute divorce, if the claim wasn’t filed.
There are proceedings that can be performed after absolute divorce (such as an action for partition), but those are more limited in scope.
If you do not believe you will resolve these issues before your wife files for divorce and before you reach a resolution, then you would need to file a complaint for Equitable Distribution before the divorce was finalized.
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
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
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.
My seperation time is up in October. I have not recieved a court date for the divorce. I have been bargaining back and forth with my wifes attorneys about a cash settlement. Do I need to file a " Complaint for equitable distribution" in wake county?