I am filling out the Absolute Divorce paperwork online w/ Wake County court system I need to know which option to check so that we are able to submit QDRO’s later.
You will need a claim pending for equitable distribution prior to the divorce being granted.
If you do not already have an equitable distribution claim pending, then the best way to accomplish that is to include a claim for equitable distribution along with your claim for absolute divorce. This can be in the same Complaint document.
The box you have checked would only be acceptable if a claim for equitable distribution has already been filed.
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.
So if you have a separation agreement that mentions the QDRO, alimony agreed on, and child support and incorporate it in the complaint for divorce do you check the last option?
Per the screenshot above, the last paragraph in the screenshot is to be checked if you have fully and permanently resolved the issue of equitable distribution through a separation agreement.
The last paragraph in the screenshot above does not ask the court to incorporate the separation agreement into the divorce judgment and thereby transform the contract into a court order.
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.