Hello, I received divorce papers from my husband with a court date he still lives in NC as I moved to Washington state and live here now, Im so confused on how I respond to this we have property and I still have some personal belongings as well as my some things I received after my mothers passing in 2021,I have no idea how Im to approach this with responding to the summons there’s nothing stated in the forms about property division and everything, I cant afford an attorney on disability Im afraid of losing my mothers things and my personal property I feel stuck, any advice and help with this I appreciate, I have a hard time understanding things Thank You Much
Jennifer
Since equitable distribution (property division) has not been resolved, you will need to file an answer to the complaint and include a counterclaim for equitable distribution. This must be done within 30 days of the date that you were served with the complaint.
It is very important that your claim for equitable distribution is made prior to the absolute divorce judgment being entered. This is because once a divorce is granted, you lose all ability for the courts to divide the marital property, unless a claim for equitable distribution is pending at the time of the entry of the divorce judgment.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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