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.

I have been seperated from my “husband” for over a year now. I went through base legal to have the divorce paper work done before I got out and I paid the filing fee. I have had to do all of this PRO SE due to the fact that I can not afford a lawyer, I spoke to a lawyer in Jacksonville NC today that told me that unless I put the children and the equitable distribution into the divorce (which means I would have to hire a lawyer to amend the paper work that I have on file so I would have to hire a lawyer). He does not pay child support and I have already spent the money to file the paperwork, and serve the paper work one being by Process by Publication. I have already spent alot more than I can afford to and it seems that all of my efforts were for nothing because he can come back and take the kids and my retirement unless I redo everything including spending money I do not have. Does it not count that most of what I have built for my self was after we were seperated or will this be another drawn out process where I am continously made to pay when I can not afford to. I was awarded temporary custody through a Protective Order and now I stand to lose my kids. Please Help me.