So I was served with an absolute divorce paper and we have a home that we bought together during the marriage he abandoned me over a year-and-a-half ago no forwarding address no nothing until just recently I found out where he stays at I’ve been in the home taking care of the home financially doing everything here on my own I want to keep the home I want the divorce but I don’t want him to have any access to the house or the car that he is a cosigner on what are the proper steps to do I have one week to file against the absolute divorce
Assuming the house and car are marital property (acquired during the marriage), then you will need to counterclaim for equitable distribution. It is very important that a claim for equitable distribution is at least pending at the time the absolute divorce is granted. If equitable distribution is not resolved or pending at the time of the absolute divorce, then you lose all ability to have the court divide the marital property.
When you file your answer to the divorce complaint, you will also include a counterclaim for absolute divorce. This can be included in one document.
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.
I want the home he abandoned everything not divide
If the home is marital property, then you will need to file a counterclaim for equitable distribution to ensure the issue of equitable distribution is pending by the time the absolute divorce is granted.
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.