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.