How to Apply for ED


#1

You would file a complaint for Equitable Distribution, with the clerks office in the county where you live.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#2

Please advise where this information and forms can be obtained for both Union and Gaston County, NC. A friend of mine has filed for divorce and thought they were going to be able to work the property issues out separately and amicably, which naturally is not happening now. They have filed the divorce papers, and now need to do the ED, no children involved, just a house and some cars. Have not been able to find these forms on your website or nccourts website. He does not have an attorney and cannot afford one, but want to make sure of his rights/options at this point. Any help/guidance you can offer is much appreciated.
Thanks in advance.

Marissa Gott


#3

There is no form that is used to file for Equitable Distribution, you would need to file a legal document called a complaint. We do not have these available on our site because the information included in an Equitable Distribution Complaint is different based on the facts of each case. I would recommend that your friend contact the clerks office in the county where you live and ask if know of any pro se legal clinics. He may also be able to find an attorney in his county who would help him prepare the complaint, but not represent him in litigation.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#4

Thanks for the information. I have just a few more quick questions:
At this point he can still file this complaint, correct? Nothing has been finalized, he filed for divorce on June 11th and is in the waiting on response phase.

What would be the ramifications for him if he doesn’t file the ED complaint and continues to live in the house(loan solely in his name)? I know it says you forfeit your right to ED, but could you explain in layman’s terms what that really means? Judge will divide everything etc…?? Thanks in advance for your help.

Marissa Gott


#5

If the absolute divorce is granted and ED claim has not been initialized, what you have now is your, what your STBX has is his/hers. You can not ask for anything to be divided or given after absolute divorce is granted. In the courts eyes this would be like you asking a co-worker to split the equity in their home with you. You have no legal right to it. File for it now or walk away and forget it.
If you file before absolute divorce is granted, it can be divided at any point down the road…I have a family member who was granted her divorce 3 years ago, but her ED/custody was just settled a couple of months ago.


#6

If the divorce judgment has not been issued he can still file a claim for Equitable Distribution.

If the house and the mortgage are solely in his name and the divorce is granted, the house would become his sole property. He should verify this information very carefully before deciding to waive his rights to ED.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#7

He just received an answer and counterclaim yesterday from his soon to be ex’s attorney with a hearing set for July 16th and they are asking the court for ED and an interim distribution of some of the stuff from the house etc…so, I am assuming since he did not file an initial ED, that this has already been set in motion by the other party? Correct? Should he have received a detailed listing (ED form) with all the paperwork he received yesterday because there was nothing listed and he doesn’t even know what she is seeking? I have told him maybe he should call the attorney’s office and ask?
Thanks in advance for your assistance.

Marissa Gott


#8

He will need to file a Reply to the Answer and counterclaims to assert his own claim for ED, if he does not he runs the risk down the line that his former spouse may dismiss her ED action and leave him stuck.

When each party files an Equitable Distribution Inventory or Affidavit, they will tell the court at that time what property they are seeking.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#9

Ok, thanks. Can you tell me what he needs to do or how he does this? Does he just file a standard form acknowledging receipt of it? Does he need to list in the reply what he is seeking? Does he need to file the ED inventory of affidavit with the reply or is this something that will be done after the July 16th court date? As I said, they did not provide any information as to what they were seeking. I am assuming he will need to file this answer prior to the July 16th court date and it will need to be filed with the clerks office?
Thanks for your help in answering these questions, as he does not have an attorney and not sure if he will be able to get one due to finances right now. He has tried to be amicable in settling this for almost a year, but the other party has been more than difficult to deal with!

Marissa Gott


#10
quote:
[i]Originally posted by mgott[/i] [br]Ok, thanks. Can you tell me what he needs to do or how he does this? Does he just file a standard form acknowledging receipt of it? Does he need to list in the reply what he is seeking? Does he need to file the ED inventory of affidavit with the reply or is this something that will be done after the July 16th court date? As I said, they did not provide any information as to what they were seeking. I am assuming he will need to file this answer prior to the July 16th court date and it will need to be filed with the clerks office? Thanks for your help in answering these questions, as he does not have an attorney and not sure if he will be able to get one due to finances right now. He has tried to be amicable in settling this for almost a year, but the other party has been more than difficult to deal with!

Marissa Gott


The specific forms vary from county to county, so there is no state-wide “standard form.” The forms used, rules for filing, timing of filing & service, deadlines for filing, all vary. Some counties do not require the ED inventory to be served with the complaint, some do.

Even if he can’t afford an attorney, can he afford to not have one?


#11

There is no standard form he needs to file a Reply, which is a specific legal document that asserts his claim for Equitable Distribution. The Reply is generally due thirty days after the Answer and Counterclaims are filed, you will need to answer within thirty days or before the hearing, whichever is first. Once he drafts the reply it would need to be filed with the clerk of court.

He is dealing with a very important legal issue that could have significant long term consequences. While I am answering the questions you ask, I want to be sure you know that the issue is much more complex than it may appear to be. I would advise that he consult with an attorney for at least an initial consultation, he may cost himself dearly if he does not.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#12

Thank you. I will urge him to do that immediately as it appears now that time is of the essence since there is a hearing on July 16th(2 wks from today). If he cannot get an attorney by that time, can he ask for a continuence in order to obtain one and would the answer still need to be filed with the clerk of court before then?

One other dumb question, can he just type up this answer to the answer and counterclaim he recieved and file it with the standard civil action coversheet at the clerks office? Or does, it have to be the formal format like he received from the other party’s attorney?
He is in Gaston county and I see on your website that you do represent in that county, can you provide a name and number of someone in your firm? Just to reiterate, he did file for divorce already (June 11th) just not the ED, so I guess he would just need someone to help with that part of it? Thanks so much for all of your help, I realize this is much more complex and I appreciate your assistance.

Marissa Gott


#13

If the divorce hearing is scheduled for July 16th it is unlikely the court will continue the matter. It would be best for him to file his answer and deal with that issue prior to the hearing. He can type up his Reply to the answer and counterclaim, it does not have to be as formal as the attorney’s Answer and Counterclaim, however if he does not do it correctly, he may not successfully preserve his claims for ED. If you wish to set up an initial consultation with our firm you can contact Shawn McMullen. Her phone number is 787-6668 extension 100, she can set you up with an appointment.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#14

Thanks for the information. Any guidance on on how to do this answer correctly??

Marissa Gott


#15

I would suggest you read the Equitable Distribution section of our website for information regarding the issues that should be addressed in an ED claim.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#16

How do you actually apply to the the court to ask for Equatable Distribution of marital property ? What paperwork is involved? I want to go ahead and get a dicorce but I want to make sure that at least the process of ED has been started before the divorce is finalized. Thanks in advance.