Hello, it’s finally time for me to file the official paperwork for our divorce after 366 days of separation - but I’m confused by some of the wording in the Divorce packet that I downloaded.
First - this Equitable Division statement:
Once an Absolute Divorce Judgment has been granted, neither you nor your ex-spouse can ask the court for a division of marital property or marital debts. To preserve a claim to marital property or debts, you must file with the Clerk of Court a claim for Equitable Distribution of Marital Property prior to filing your Absolute Divorce Judgment.
Second - Alimony and support
Once an Absolute Divorce Judgment has been granted, neither you nor your ex-spouse can ask the court for spousal support. To preserve a claim to spousal support, you must file with the Clerk of Court a claim for spousal support prior to having your Absolute Divorce Judgment signed by a Judge and filed.
- We have a separation agreement in place, it has been filed with the courts, and includes division of assets, alimony agreement and the division of an IRA account, which I already have a signed and filed DRO w/Wake County. The house was deeded back to me as well as part of this agreement.
In the actual complaint paperwork for absolute divorce, #10 says “plaintiff acknowledges she is not asking defendant for alimony or equitable distribution….and is hereby forever waiving and discharging any claim by obtaining an absolute divorce”
But where in that paperwork do I NOT acknowledge and agree to the above? I want the terms and conditions that we settled in our separation agreement to be upheld. I guess I just don’t want to file paperwork that erases everything we already agreed upon - because I am asking for those things and want to continue receiving them.
Thank you for your help - The paperwork seems relatively straight forward, except for this part! I just want to know how to proceed and submit all prior paperwork and keep in place the terms we already settled upon.