She wants a fight


Dear plm1966:

Greetings. Yes, you just put your own 401(k) on your side of the worksheet or spreadsheet. If you are talking about the affidavit for the court, let me know.

Even if you file for bankruptcy, your wife can include the equitable distribubtion with the bankruptcy in court. Of course, that would move it to federal court, and increase your attorney fees exponentially, but that is up to you.

You cannot force anyone to obtain life insurance on themselves, unless they agree to.

You have to file the divorce, wait 30 days after service, file the motion for summary judgment and a notice of hearing for about 10 days from the 30 day period. Typically 45 days or so from when you serve her with the complaint for divorce.

Good luck moving on. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


I am now on the final hurdle in getting my situation done. We are working on property distribution and was curious that we have both agreed that we want nothing to do with the others 401K/retirement plans. If we both agree to this should they still be included on the property distribution worksheet ? It seems that her attorney once again wants a fight and if we are to go to court on the property distribution issue what type of issues will be brought up, etc. Honestly I will declare bankruptcy before I give into what they want.

Also I currently have $250K of life insurance for myself for the reason that if something happens I want the children to be ok. She is vehement that she will not get any insurance as she feels it stupid. What option do I have on this subject ?

Finally, how soon after the one year seperation date can the divorce be granted and how soon can the court date be set. I want this person out of my life ASAP.

I have moved on with my life in all ways and I am sick of dealing with this person who lied about her affair and continues to blame me for all the ills of her life.

Patrick Maginnis