Legal Question in Family Law in North Carolina

I was married for 25 years and 9 mos. during this time my Husband made extra payments into his retirement account while we lived off the money I made. We filed for divorce ourselves without going to court. I am not going to benefit from from all those years of work and saving as he will receive all benefits. Can I take him to court over this?


Asked on 3/10/13, 7:10 am

3 Answers from Attorneys

Kenneth Love Ken Love Law

Maybe, you need to consult a Family law attorney ASAP.

To get a divorce in NC, someone had to appear in court and seek an absolute divorce upon which a Judge granted.

But to get an equitable distribution order to separate any property including retirement accounts, you have to seek it before you get the abolute divorce. You need to speak to an attorney to see what you can possibly claim to benefit from this account.

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Answered on 3/10/13, 9:31 am
Clarke Dummit Dummit Fradin (Winston-Salem Office)

You can petition for equitable distribution of all of the marital property as part if the divorce proceedings. You do need an Attoney's help as there are many ways to calculate what is fair and equitable. Please call Ms Cini in our firm and mention my post for a free consultation about your rights.

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Answered on 3/10/13, 12:46 pm

From your statements it appears that a divorce judgement was granted and you at least knew the process was going on and that you did not consult an attorney. If this is all correct - you are now barred from bringing up your dispute about the retirement money. This is another example of the bad things that could happen when people believe they can handle their own legal matters and do not consult with an attorney.

However, Mr. Love is correct that you may be able to consult an attorney now and explain to a Judge about how you didn't know what you were doing and there is a slight possibility of the court hearing your retirement money dispute.

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Answered on 3/10/13, 2:09 pm


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