We agreed via text on how we would divide property, debt and retirement. I used the DIY with your firm to complete separation papers based on what we had agreed upon. It’s been 10 months since I sent those the them and they still have not gotten them notarized and back to me (along with the Quit Claim Deed so I can refinance the house and get them their part). It’s always an excuse of something why they havent. If I file an ED with the court does the judge then decide one how things are divided or will filing a ED with the court allow me to file for divorce and maybe then they will sign the paper work and stick to what we agreed upon? I want this divorce and I would like to keep things as we agreed but am tried of them dragging their feet “because they can”.
Filing a a court action for equitable distribution (ED) in court will force the other party to make a move (negotiate, sign, etc.). If you’ve been separated for over one year with the intent to remain permanently separate and apart, then you can also include a claim for absolute divorce.
Even if you file for ED in court, you and your spouse can still agree on the settlement and you can even still execute the separation agreement (and dismiss the ED claim afterwards). A judge will only hear the issue of ED and make a decision on distribution if it cannot be resolved between the parties after good faith negotiations, a mediation, pretrial conferences, etc.
The act of filing an ED claim in court alone does not prevent you from still resolving ED on your own outside of court.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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