Dear kye414:
Greetings. I think that you may not be clear on the advice that you received. First, if you don’t want anything of his and if you don’t have jointly titled property (like a house), you may not need equitable distribution. Next, if he is not trying to take the children, then you may not need to file for custody.
Custody can be filed at anytime - even after a divorce. Equitable distribution can only be filed before the date of divorce. You can file for child custody and equitable distribution in a separate action from the divorce and we have a sample complaint for these claims on line. Good luck and I hope that helps your situation.
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
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.