Next week is my forth pre trial. The first and second pretrial the opposing console was a no show. third pretrial he showed up and email me a form minutes before the pretrial to setup Mediated settlement conference with a court appointed mediator. The third pretrial is the first time I have seen or spoken to opposing console. I did not look at the document he emailed me during the pretrial. I stated I received an email minutes earlier from opposing console but I have not taken the time to review the proposal. So we where scheduled for a forth pretrial coming up next Wednesday. After the third pretrial we did speak on a call several weeks later for 7 min. He was trying to get me to agree to the document for court mediator. I said I was not going to sign it because we have not even negotiated. They want unequitable distribution and stick me with kids student loans and other marital loans. That’s where I am in the process and I unsure of my options for the forth pretrial.
Currently I am working on a open offer to negotiate. I am unsure of the correct format to use. I been researching the laws and I guess I need to make a list of these laws for opposing console (that what opposing console asked for). But I was also looking for case law. Does you premium member ship provide case law?
The only large asset we have is our house I live in and she wants to sell and have half the profits and does not want to deal with marital debts. we are empty nester as of several months ago, she made the kids move out. My wife moved out over a year ago.
Most pretrial conferences set a roadmap for the remainder of an equitable distribution case. For example, it sets or modifies deadlines for exchange of statements, exchange of affidavits, completion of mediation, completion of discovery, completion of appraisals, etc. and sets upcoming court dates.
You don’t necessarily need case law. What you need to do is create a balance sheet of the marital property. Create a spreadsheet with all of the marital assets and debts listed with each of their values. Then distribute each value into a Husband column and a Wife column depending on who will receive what asset/debt in the divorce. Then you can total the net amount that each party is keeping and calculate how much one party must pay the other in order to equalize the net distribution between the spouses.
If you want to keep the house, you can do so, but you will likely need to refinance the mortgage and pay your wife a portion of the equity. Keep in mind however, that the marital equity in the house is balanced with all the other marital assets and debts.
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.