Out in the cold


#1

If she has file an ED claim then yes she must disclose all marital assets. ED is not automatic and must be filed for. This is what the NC statute says:
"Within 90 days after service of a claim for equitable distribution, the party who first asserts the claim shall prepare and serve upon the opposing party an equitable distribution inventory affidavit listing all property claimed by the party to be marital property and all property claimed by the party to be separate property, and the estimated date-of-separation fair market value of each item of marital and separate property. Within 30 days after service of the inventory affidavit, the party upon whom service is made shall prepare and serve an inventory affidavit upon the other party. The inventory affidavits prepared and served pursuant to this subsection shall be subject to amendment and shall not be binding at trial as to completeness or value."
This means that your stbx files equitable distribution claim, giving you a listing of all property seen as marital and divisible and you have 30 days to file an answer with what property you see as marital. Equitable distribution, once filed, can be drug out for years after absolute divorce. I am not certain what has to be disclosed if you do not have a attorney…
It sounds to me as though your stbx is not trying to negotiate with you at all and getting this type of information my have to go through subpeona.


#2

If you are not in litigation you cannot force them to give it to you. However, if you don’t get it, you can go to court and then they will be forced to give it to you.

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

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301 McCullough Drive
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Charlotte, NC 28262
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Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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#3

I have requested recent statement of my wifes 401k holdings from her lawyers. Do they have to give me this?