Preserving claims before divorce

We have been separated for almost a year but have neither discussed separation agreement or filed any claims for post separation support or equitable distribution/alimony/QDRO.If my spouse goes ahead and files for divorce after 1 yr and a day but before these matters are either agreed upon, mediated or filed for will it give me any time to then file those claims and preserve my ED/alimony/QDRO claims before divorce is final?

If your spouse files for absolute divorce and you have unresolved equitable distribution and/or alimony issues, then you will need to file an answer and counterclaims to the divorce complaint in order to preserve those issues.

If you file to make the counterclaims and the divorce is granted, you will be unable to have the court equitably divide the marital property and unable to be awarded alimony assuming you are eligible for an alimony award.

Answers/counterclaims to complaints are due 30 days after you are properly served.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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