Help Needed


#1

Need help. Served with an uncontested divorce on Dec. 20,16 for a court date of Dec. 30,16. I am currently disabled & cannot afford the legal fees needed to figure out how our home will divided (we bought home together while married).


#2

It sounds like you will need to file a counterclaim for equitable distribution, which is what deals with the division of property.

Keep in mind that you must file an equitable distribution claim with the court before an absolute divorce is granted in order to preserve the issue. Otherwise, you will be barred from asking the court to divide the property.

Take a look at our Sample Complaint to help you draft your counterclaim for equitable distribution.

You can also get access to a library of legal forms and communicate with an attorney through our Rosen Online Service. This service only costs $199/month, and would be a great resource for you to handle your divorce and property issues without spending thousands of dollars retaining an attorney.


#3

My husband gave me separation papers dated for 8 months before we actually separated in 2016. I did not sign them… What is to prevent him from going to court on that day after and filing for divorce?


#4

There is nothing you can do to prevent your husband from filing for absolute divorce after being separated for one year.

To avoid a court action being filed for all other issues (equitable distribution, postseparation support, alimony, child custody and child support), you can make a counteroffer to your husband’s proposed terms in an attempt to settle them out of court.


Anna Ayscue

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

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.


#5

My husband left,without a word in 2014. May of 2016 he filed divorce papers. June of 2016 he dismissed them. My (our) son and I have stayed in the house where we’ve always lived which belongs to my husband. An opportunity has come for my dad to purchase a house that will be in my name. My question is can my husband claim it as marital property?


#6

No, it is not likely the house can be claimed as marital property if your father is providing the funds for the house. The house could be considered marital property only if you used funds earned during the marriage (between the date of marriage and date of separation) to buy the house.


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.