Hearing on Friday Quick divorce no ED

I have two children that are not my husbands he left the house after a year of marriage to apparently work on his self because (He was dealing with a problem he had called RAD Reactive attatchment disorder) there was a complete alienation of affection with even communications before he moved out . I had hoped he would work the issues out. He’s not been helping financially. I was mostly the dependent spouse with a small job. I’ve been doing my best to support myself, the house and my family on my own but lost my job due to Covid closure last year. He did keep me on his insurance as his spouse until about four months ago I found out he bought a house and is cohabitating with his ex-wife. I guess I’m just wondering if I have any right at least some financial assistance through pension or retirement. Could we do an Agreement with a set amount and signed at the hearing. If I am entitled to anything, whatever that may be would be, it would help me figure a proper amount I know he just wants to end it so does it go according to when he took me off of his health insurance as the date of separation or as he is saying in the complaint, the day he moved out and, now he saying…in his head he had no intentions of getting back together. Which is completely untrue with all of our conversations we’ve had through the years. So could I draw up something to notorized at the courthouse that has the case number and details of a final agreement of divorce amount because there’s no ED other than this. He moved into my house when we were married and all of the furniture etc. was mine. So I was extremely misled and he is with his ex-wife now. He does not have an attorney and is now not retuning any of my calls. So maybe show up with an agreement or continue. I think he just wants it to be over and he is actually financially well off. I just never pushed anything and figured God would provide and he has so far just nothing in abundance. ???

If pension or retirement benefits accrued during the marriage, if there is an owned house, vehicles, or any other property or accounts, you will need to file a claim for equitable distribution. You may be entitled to receive one-half of your husband’s retirement and pension that was accumulated during the marriage (between date of marriage and date of separation).

Note that you must file a claim for equitable distribution and it must at least be pending prior to the entry of an absolute divorce. You will be unable to have the courts equitably divide the marital property if no equitable distribution claim is pending or resolved at the time of the absolute divorce.

If you have an equitable distribution claim pending, you and your husband can enter into a consent order for the division of the property if you are both in agreement with the settlement (without a trial in front of a judge).


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.

Thank you! In final, I’d like to know if the date he got a new job and didn’t put me on his new jobs health insurance as his wife would count as the date of separation because he then chose to not add me on to his new jobs insurance and that’s the 1st I felt there was no chance for us reuniting but it wasn’t fully said until he said he was going to file for the divorce so I asked straight out and he said “no there’s no chance” although his living with his ex wife was a big negative, he said it was for her health reasons. He’s also continued to add me on things like AAA Auto as his wife He just hadn’t helped with anything else. So, is it simply a year because he says now that - “that was his intention” on the complaint? ? So is it what he says is the date of separation.
Where can I find a sample Simple Ed form example/request on line and could I draw these documents up and then just give the option to sign an agreement for a set amount in lieu of ED or Alimony since I had not asked for anything and had struggled especially throughout my Covid job loss with no unemployment.?

The date of separation occurs when the spouses stop living together and at least one of the spouses forms the intent to remain permanently separate and apart. So in your case, it is possible that the date he chose not to carry you on his health insurance is the date he formed the intention to remain permanently separate and apart, assuming you were living separately at that time and have not resumed the marital relationship since then.

You can take a look at our Sample Court Complaint to use as a template to draft your own. If you are only making a claim for equitable distribution, then you do not need to include any of the paragraphs under the subheadings of Child Custody, Child Support, and Alimony and Divorce from Bed and Board.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.