Filing for Equitable Distribution/Divorce


#1

Dear uncgal4,

As far as I am aware, there is not a do it yourself form to file for Equitable Distribution. You can file a claim for divorce and Equitable Distribution and Absolute Divorce at the same time, but it is not a part of the do it yourself form. If you are not sure how to properly file your claim for ED and you wish to get a divorce, you should consult an attorney to assist you in preserving your claim for Equitable Distribution.

Helena M. Nevicosi
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

10925 David Taylor Drive, Suite 100
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

ROSEN.COM

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.


#2

What is the correct process for filing for Equitable Distribution in using the Do-It-yourself forms?..I have the packet of forms from Clerk of Court, but is there a separate FORM for ED, or do you just “word it” into the Divorce forms when you file those? I know that a “claim” for ED must be on file before a divorce is granted to protect rights to ED. Please advise. Thanks!