# Filing a Lawsuit for ED **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [February 12, 2007, 1:23pm UTC](https://forum.rosen.com/t/filing-a-lawsuit-for-ed/4193 "2007-02-12T13:23:44Z")\ **Posts on this page:** 3\ **Page:** 1
**Author:** ![stepmother](https://avatars.discourse-cdn.com/v4/letter/s/90ced4/32.png) [@stepmother](https://forum.rosen.com/u/stepmother)\ **Post date:** [February 12, 2007, 1:23pm UTC](https://forum.rosen.com/t/filing-a-lawsuit-for-ed/4193/1 "2007-02-12T13:23:44Z")
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… ---
**Author:** ![JanetFritts](https://avatars.discourse-cdn.com/v4/letter/j/d2c977/32.png) [@JanetFritts](https://forum.rosen.com/u/JanetFritts)\ **Post date:** [February 12, 2007, 9:46pm UTC](https://forum.rosen.com/t/filing-a-lawsuit-for-ed/4193/2 "2007-02-12T21:46:02Z")
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 > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. 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. ---
**Author:** ![bc1](https://avatars.discourse-cdn.com/v4/letter/b/ce7236/32.png) [@bc1](https://forum.rosen.com/u/bc1)\ **Post date:** [February 12, 2007, 12:43pm UTC](https://forum.rosen.com/t/filing-a-lawsuit-for-ed/4193/3 "2007-02-12T12:43:53Z")
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… Thanks, BC