Legal Confusion


#1

NC will not let you finalize equitable distribution until child custody is resolved. Has that been established?


#2

Yes, children have been living with me and he is paying child support


#3

Division of property can be disputed for years, as can custody, but neither have to be settled before a divorce is final. I’m not sure that custody, or child support have to be resolved before division of property as those are separate issues to the courts. Property defined as marital assest and debts. I’m not sure that children fall into either of those two categories.
I would speak with an attorney or maybe Janet will post to this about what the exact reasons are that it is being postponed. It sounds as though it is being disputed but I would think that there would be something you could do, at least about the alimony.


#4

How is it that a final divorce decree can be issued and the ex-husband can indefitely postpone the property settlement in effect holding the ex-spouse hostage? Child support is being paid but isn’t there a method to force the resolution of division of property, alimony, and retirement in this state? Separation has lasted 3 years, divorce has been final for 1.
I see no end in sight?