Thank you for the reply. My wife sceduled a closing without me yeaterday, which I assume did not actually occur. I was aware that one cannot file for ED after an absolute divorce, however, as you may recall, I have a complaint still pending for divorce from bed and board, which was countered with a claim by my (still, at the time) wife for alimony, ED, attorney’s fees, the works. I am assuming that this means that she still has a claim which she can bring to court, although I would obviously drop my complaint if there is no further action that can be filed against me.
Lat week, my settlement offer, including an offer of ED on my terms, was finally countered. I have recountered this week. I am considering allowing the house to close, with the proceeds to go into escrow pending an agreement or, I’m told, a trial. I don’t know whether this means a hearing of my complaint/her counterclaim or something else that she might file.
I need clarification, so I will ask my attorney what happens if I refuse to accept any amendment of my last counterclaim. If I am now free of all action except my ex-wife’s claim to half of the marital residence in both our names, I can’t understand why I’m not being told that by my attorney.
Is it not best for me to hold off the house sale until a settlement is reached, given that I am willing to continue making the payments, as I have under a separation agreement? My ex-wife claims that I am not entitled to half the house payments or the shared credit card payments I’ve been making, since I have not been paying child support since date of separation. My attorney told me long ago that I can get half of these payments, and this is the major point of contention in current settlement negotiations.
It’s difficult to make decisions without solid counsel on NC divorce law, and without being able to predict what a judge may decide, as my own attorney acknowledges.