Legal Question in Family Law in North Carolina

When my ex-husband divorced me, I was not able to attend the hearing nor able to hire an attorney. I was recovering from a near fatal accident and was out of state. Although I received papers, I was unable to understand what they said other that it was uncontested. I answered them the best way I could.

So, after 17 years, I received nothing. 10 of those were while he served in the military and the other 7 as a civilian and putting funds into whatever pension plan his employer/s had. He had several jobs during those 7 years. He kept property that was mine that was bought with money that was from my grandfather's estate and a gift to me.

I don't understand how a judge could allow this to happen knowing NC is a community property state and I was entitled to half of all of what he had. Don't I have a way to re-open this based on fraud some way? My standard of living is bad. I am on disability because of this accident now. All those years I had to stay home raising 3 children and not work because of his job with the military and could not put into my SS funds. I am entitled to something from this man.


Asked on 9/25/12, 9:19 pm

1 Answer from Attorneys

If you didn't understand the paperwork, you should have consulted an attorney. You indicated that you did answer in some fashion so clearly you had the ability to at least ask for assistance with this matter despite recovering from an accident. If you were properly served and failed to properly respond, you may very well be completely out of luck with regard to division of property or any alimony. As to re-opening this case, it may be possible but unlikely based on the facts you have presented. There appears to be no fraud - your ex-husband served you with a divorce complaint and you failed to properly respond therefore the judge granted the divorce (which if you ex met the requirements, he is entitled to as a matter of law) which in turn eliminated further claims for such things as equitable distribution and alimony. Your best chance to have this set aside is if service of process was done improperly or if your ex did not meet the requirements for a divorce ie the 6 month residency and one year separation requirements. By the way North Carolina is not a community property state and you are not automatically entitled to 'half'. Go consult with a family law attorney to find out what your options are at this point - you should do this as soon as possible as your options if any may be time sensitive,.

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Answered on 9/25/12, 9:44 pm


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