Just need to know what should I do!

If you have property issues to resolve these need to be dealt with prior to the entry of the divorce. If she has filed for a divorce you need to file a claim for equitable distribution before the divorce is entered or you have lost the right to ask the court to address your marital property issues. Small claims court is not the court that can address marital property issues.

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


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.

To Whom it may concern,

Greetings once again! I have posted on the website and have gotten some good advice regarding my situation and I have to say the year and one day is complete and I am at a stand still and need help with some questions I have. First of all, I’ve been married for 14yrs and my STBX wife separated on 1 Feb 07. By NC law we are eligible for divorce filing on 2 Feb 08, my question is this My spouse talked with soem outside people who informed here or dissolving her 401K plan cause I didnt have one but, in order for her to do so she forged my signature on the document submitted it for termination of the account. I have a hard copy of the document and have told the attorneys I’ve spoken with about this and they informed me that I should wait until the divorce proceedings start which my STBX is laging with the paperwork when asked about it she says the next week and so one and so forth. She is aware that I have the proof of the incident and she playing the wait game to see what I will do. I was wondering what can I do? Do I have a case against her in Small Claims Court due to the fact she knew that her 401K plan being marital property and she falsely dissolved it in writting with a notary and no seal. 2) She has recently took me to court for the start of child support court order for which it wasn’t one established in the beginning of the separation. We are currently still married and she has had affairs with other guys and was at a point before the CSS case cohabitating with another guy. All of these actions are in front of our two kids ages 11, and 4. I just want to know what should I do! I have patiently waited on the opportunity to present my case to someone but, after the CSS case I feel that the system is being used for her… She’s not the victim its me. What should I do!. Again, any comments are welcome and I respect others opinions I’m only trying to find some answers before all else fails. Thanks


Corey B. Patterson