Final divorce before ED

As long as ED has been filed it will not be affected by absolute divorce being granted. You not signing the divorce papers will only draw out the time frame, but it will not stop the process altogether and it will not change the ED. ED is all assets and debts from the date of separation. It is in your best interest to wait for the final appraisal of the accountant regarding the ED settlement but it will have little affect on the actual divorce.

I would say that the judge will make a ruling on alimony amount (which would cover, house payment, car payment, medical insurance, etc) at the time that ED is complete. He can not carry you on his insurance after the divorce but he can pay you for medical insurance coverage that you retain on your own.
The court order stands unless the judge rescends it or a new order is put into place. It’s unlikely though that the entire amount will be awarded permanently so you should be prepaired to make some adjustments. There are some other posts I’ve read that are very negative about this. Do you have an attorney?

I do have an atty…all very confusing to me. Haven’t even gotten as far as to discuss what will happen after filing and no ED. Like I said, ALL our money is tied up in company. He has full access and is living quite nicely, taking trips etc…while I am stressed as can be. May be losing job in a month and am part owner of company that I seem to not even be able to work at, let alone collect any of the profit…makes no sense to me at all. He is basically paying me with my own money. What are the neg posts to this type issue?

If your ex has filed for divorce, you need to make sure that you file a lawsuit for equitable distribution before your time to answer the divorce complaint expires. If you fail to assert your claim for equitable distribution and the divorce is granted you will FOREVER lose your right to equitable distribution. In addition, if you have a claim for spousal support it must also be asserted before the divorce is granted. If you have been separated for a year then your spouse can file for divorce and it can be granted, even if you don’t do anything. If there are assets that still need to be divided then you need to see an attorney as soon as possible.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit for details

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

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (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.

I have an atty and he says it is ok to sign divorce papers. Have had to hire a forensic acct to look into business because he claimed much lower than income is. We also have to have business valued, home valued, possessions distributed,etc. Nothing has been figured out yet. What can I do? I really don’t want to sign until all is divided. What will happen if I dont sign divorce papers? I feel I have solid ground on why I do not want to sign. I do want the divorce, simply want to make sure I get what is mine in a reasonable amount of time. Have heard once you divorce it can drag on a long time. I don’t even know my correct child support, alimony, or if I can stay in my house. He currently pays house pmt, my medical insurance, etc. Will this become my responsibility once I sign papers? We haven’t even agreed on who covers what for childrens expense. They have found his income to be much higher than reported. Important factor to all this also,is that he has felony charges against him and could end up in jail. If I divorce, will I lose rights to businesses that I would have had if we were still married?

My stbx has filed for divorce. We still do not have ED…Lots of issues because of owning business and accountant looking into books for income, etc. I have heard it is not in my best interest to sign papers until this is done. Told you lose incentive and the person with the controlling items can drag it out a long time. I have no money. He has it all. It was put into OUR company which he calls his(purchased after marriage). He is ordered at this point to pay house pmt, my car, my medical insurance, etc. Will this order stay until ED is complete or am I going to have to take over. I don’t make enough money to cover payment and have 2 children. All our money is tied up in the company. Unsure how this will effect me.