MY SOON TO BE EX AND I WENT TO COURT IN NC IN NOV 2002 AND HAVE A SIGNED AND FILED EQUITABLE DISTRIBUTION ORDER WITH THE COURT. I HAVE SINCE MOVED AND NOW RESIDE IN LA.
HOW DO I GO ABOUT FILING FOR A FINAL DIVORCE DECREE OR WHAT DO I NEED TO DO TO GET A FINAL DIVORCE.
You may file your complaint for divorce in Louisiana or , if your soon to be ex still lives in North Carolina you may the county where he or she resides, if your soon to be ex lives in another state you will need to file in Louisiana.
If you are eligible to file in North Carolina you will begin by filing a verified complaint which must contain the allegations necessary to prove to the court you are eligible for divorce. After you have filed the complaint you will need the clerk to issue a summons which must be served on your ex via certified mail or sheriff’s service along with a copy of the complaint. He or she will then have 30 days to respond, though a response is not necessary. Once the time period allowing a responsive pleading has passed you will need to file a motion for summary judgment and have the court schedule the matter for hearing.
Many counties in North Carolina offer do it yourself services and provide the forms which can serve as the complaint when properly filled out. This website also contains many of the forms used to pursue an absolute divorce.
Thank you very much for your quick reply. Your forum is/was very helpful in answering our questions. I do have one other question though, and based on what I’ve already read here I believe I already know the answer, but just to make sure- once an equitable distrubution order has been signed, filed w/the courts, can the stbx demand more? I think NOT,but someone is advising the stbx otherwise.
If your ED has been signed by a judge, then normally there can not be a request for more distribution. Go back and read the order. My husband’s has a phrase that says his ex can be held in contempt and forced to pay his attorney fees if she tried to get more after the judge signed their agreement.
His ex tried to get him to give her items that were not in the final order, but I did advise him that if he gave in on this little stuff, she would eventually begin asking for other things. She took 98% of the furnishing from the home when she left but still tried to get the last remaining items that were his afterwards.
My husband and I both agree now that his ex taking everything was not a bad deal. This way, he started over with things that never belonged to “them” and it was easier for me to think of the furniture and other household items as being ours now…
thanks stepmother. I didn’t think so, and i will read to further clarify.
Its amazing how “greedy” some can get!!!
If a final ED order has been entered neither party change the distribution simply because they are unhappy with it.