Question

North Carolina Divorce Law Divorce and Separation Answers
1

Good Tuesday to you.

I have a question if you would be so kind to address. After a 25 year marriage, I have been separated from my stbx for about a year and a half. I filed based on indignities and my stbx’s counterclaims have been extremely contentious and false. (I was primary bread-winner) My attorney suggested I not complete the final judgment for divorce, although we have well over a year separation and the 30 contest has expired. His reasoning is that it may be better to enter into a contentious ED-Alimony trial without yet being officially divorced.

Is this reasonable? No one I have talked to thinks this is a good idea, and some believe this is to the advantage of the other party, as I remain in the marital residence with the disputed property.

Thank you.

2

So long as you have a claim for Equitable Distribution pending prior to entry of the divorce decree, I see no reason why the divorce should not proceed.

3

Thank you.

4

You are most welcome.

5

In my opinion, I would fight to not have the divorce granted until ED is finished. My ex is remarried and I still do not have ED finalized because he will not provide documentation. Had I done this, I believe this would have been settled long ago. Just an FYI…hope this helps