My wife and I have been separated for 11 months now and she has been completely unwilling to come to an agreement on our assets. Our children are over 18 so it is completely just a property settlement but she claims to not have time to discuss. She cheated on me and is currently living with the guy she committed adultery with.
My question is, with the divorce date looming do i need a lawyer to fight for my half of the stuff or will a judge split or what? I have sincerely tried to complete a separation agreement with her to avoid all of this ugliness but now it seems that it is inevitable.
Please help.
1 Like
Since your wife will not negotiate a separation agreement with you out of court, you will have to file a court action for equitable distribution and if applicable, alimony. Filing a court action will force your wife to attend to the property division and any other issues. A judge will not automatically divide the property - you must file for equitable distribution.
It is also very important that you at least have an equitable distribution claim pending at the time the absolute divorce is granted. If you do not, then you will be forever barred from asking the court to divide the marital property after an absolute divorce judgment is entered.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you so much! In what ways would an attorney be able to assist or is this something that I can handle on my own. Will there be actual “before the judge” court appearances, testimony, and things of that sort?
An attorney can greatly assist in helping to classify, value, and divide the property, but it is possible to do on your own.
For equitable distribution there will eventually be court dates before a judge and there can potentially be testimony if the property issues cannot be settled. Generally however, there is a discovery process first where both parties gather and exchange financial statements and disclosures.
You can get access to a library of legal forms and communicate with an attorney through our Rosen Online Service. This service only costs $199/month, and could be a great resource for you to handle your absolute divorce and equitable distribution claims without spending thousands of dollars retaining an attorney.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.