How to file in Perquimans County


#1

How do I file for separation and divorce in Perquimans County to include having my estranged spouse fill out Equitable Distribution Affidavit? I have been advised that I must file in Elizabeth City, is this correct? I have been separated for almost 3 years.


#2

You will need to file a complaint for absolute divorce and equitable distribution in the county that you or your spouse reside. The courthouse for Perquimans County is located in Hertford.

Equitable distribution affidavits are automatically required when an action for equitable distribution is filed. Some counties have specific deadlines for these affidavits that are different from the statute - be sure to check with the clerk’s office of Perquimans County.


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.


#3

I reside in Maryland and have for 2.5 years now. My estranged spouse still resides in Hertford. The courthouse there stated that all civil actions related to divorce have to be filed in Elizabeth City which I find odd.


#4

You are able to file an action in the county in state in which either you reside or your Wife resides. Elizabeth City is not in Perquimans County but I am otherwise unfamiliar with that county and judicial district (many smaller counties are combined into one judicial district and this may play into what you were told).


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.


#5

In any case, as long as she has not filed anything yet, which she has not, then I am free to file either here in Maryland where I reside or I can file back in Hertford where she resides. Just because I was married in and living in Hertford doesn’t mean that I have to file for equitable distribution or absolute divorce there. It is only if I choose to because I want to, not because the laws state that I have to.

Only if she has already filed, do I then have to follow suit and file back in NC to contest what she has filed.


#6

You are correct that you do not have to file any divorce-related claims in the same county and state as you were married. You must file in the county and state that either party resides.

If your wife has already filed an action in NC, then you would need to file counterclaims to that action.


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.


#7

So, she has now filed. I am in receipt of a Domestic Civil Action Cover Sheet and a Civil Summons. How do I respond and request the Equitable Distribution to occur as she did not. Her claim is stating that there are no outstanding issues but Equitable Distribution forms have not been provided in our case. What forms should I file in response?


#8

If you have been served with a new court action, then you will need to file a counterclaim for equitable distribution when you file your answer to the complaint. A counterclaim looks the same and includes the same information as a complaint. After you file your counterclaim, then the parties can proceed to filling out and exchanging equitable distribution inventory affidavits.


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.