When can divorce


#1

Dear goose:

Greetings. Okay, let’s deal with this as two different questions:

  1. On May 11th, which is one year and one day, can you get the divorce that day? - NO. You will file for divorce that day, but you will have to wait for service and the divorce hearing.

  2. What about equitable distribution (division of property)? - If you do not file the claim for equitable distribution (or settle it by separation agreement) before the divorce is final YOU LOSE THE CLAIM FOR EQUITABLE DISTRIBUTION.

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

ROSENDIVORCE.COM

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.


#2

Hello Janet. Good afternoon. When you say you “lose claim to ED”, does that mean the judge then decides how to split things up for ED? So, if your disgruntled spouse refuses to sign any type of separation paperwork prior to the divorce, I am stuck?


#3

Dear iamconfused:

Greetings. Yes, if you cannot agree with your spouse, you should consult an attorney to file an equitable distribution claim for you prior to the date of the divorce and allow the judge to decide the property division for you. I hope that answers your question. 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

ROSENDIVORCE.COM

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.


#4

ok one year and one day will be may 11th so on that day can i go into court and get my divorce or do i have to wait longer than that there has been no distribution of property or anything like that. The question that i am asking is can i get my divorce on may 11th because it has been one year and one day. and the other stuff can be done after that right?