Filed ED - Q's about EDI

North Carolina Divorce Law Divorce and Separation Answers
1

I filed for Eq Dist a few weeks ago in Wake County.
I’m flying solo (no lawyer).
My first step is completing the EDI (Equitable Distribution Inventory).

The WAKE County Family Rules (http://www.nccourts.org/Courts/CRS/Policies/LocalRules/Documents/680.pdf)
state on pg 28, that I have 30 days to
“Serve on responding party an Equitable Distribution Inventory (WAKE-DOM-18) as set out in Rule 11.7 and serve Initial Disclosure documents pursuant to Rule 11.6. A certificate of service of the EDI and the Certification of Initial Disclosures (Equitable Distribution) (WAKE-DOM-17B) shall be filed in the Clerk’s office.”

  1. What am I serving to my STBX and what am I filing to the Courthouse ?

Is this correct ?
a) To my STBX -

  1. The EDI
  2. All supporting documents (bank statements, bills, debts, etc) for the EDI.

b) File to the Court -

  1. Certification of Initial Disclosurs (Eq Dist) WAKE-DOM-17B.
  2. Certificate of Service of EDI. This is a part of the WAKE-DOM-17B ?
    I believe it is on the last page.

  1. Does the EDI, supporting documents have to be in my STBX’s hands by the 30th day
    OR as long as I’ve mailed it by the 30th day ?

  2. How does Wake Co ‘count’ the days ?
    Is it Calendar days or Business days (please oh please say Business days).

  3. What happens if I miss the deadline, or can’t get all the suporting documents in time ?

2

The equitable distribution inventory is filed with the court and served on the opposing party. The supporting documents are not filed with the court, just sent to the opposing party. The EDI contains a certification that this has been done.

Mailing on the 30th day is sufficient, but the days are calendar days.

If you miss a deadline the court can impose sanctions, but normally will not if you can show a justifiable reason as to why you were not able to comply.