Filing a Lawsuit for ED

If there is no answer from her after 30 days your lawyer will request a court date. If equitable distribution can not be settled out of court then the courts will decide it for you. The court date will depend on how busy the court system is where you live. It could be anywhere from one week away to 6 months. Usually, it is sooner than 6 months but it’s not unheard of. As long as a claim for equitable distribution is filed before absolute divorce is granted then it can be “settled” at any time even after divorce.
It may be that your STBX thinks that she will not have to split anything with you if she doesn’t sign or that if she doesn’t agree to it that she can keep everything…

Dear bc:

Greetings. If the complaint is not answered in the 30 days, then your attorney would file an entry of default. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


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.

I have filed a lawsuit against my STBX for settling the marital property. We do not have a separation agreement and she is not willing to agree to one, we have only been married for one year.

My understanding is that she has 30 days to respond to the lawsuit. I have tried to ask my attorney on several occasions what happens after 30 days but getting no response. I have left emails and tried to call, but no response. I paid a retainer for this attorney.

Typically speaking, what would happen next…would we set a court date, how soon would an appearance in court happen, 1-2 weeks, 1-2 months… Looking for some understanding and awareness…