One party requests ED and the other Doesn't

North Carolina Divorce Law Divorce and Separation Answers
1

Please see my reply to your previous post regarding this issue.

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

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

Question: If one of the divorcing parties requests ED and the other does not, does that mean that only the requesting party gets the benefit of marital property that is not in his or her name? Or, is the law that as long as one of the divorcing parties requests ED, the marital property/debts will be split??

For example, if the wife requests ED, she would be entitled to half the money from the husband’s car, but would the husband also be entitled to half the money from the wife’s car if he didn’t make the ED request?

Thanks.

tonbon1111