North Carolina  |  Family Law

Legal Question

Asked on: 7/09/99, 4:53 pm

Out of State Divorce Judgment

I am in the US Air Force, presently stationed in Nevada. I was previously stationed in North Carolina, where I was married for 7 years 3 monthes. In November 1997 the ex-wife and I separated with an Agreement of Separation. Since moving to Nevada, I filed for and was granted a Decree of Divorce, with the Agreement we had merged in body and reference. Now I find that she has filed for an Equitable Distribution of Marital Property under NCGS 50-20. Since I let her have 90% of the personal property, took 75% of the bills, the only thing I can think she wants is part of my military retirement. Our Agreement specifically states that "the parties mutually release all rights of property claim and the right for an equitable distribution under NCGS 50-20." Since this Agreement was adjudicated by Nevada and merged with the Decree, shouldn't this have ended the matter?? How do I let the Court there know that a Decree has been granted based on this Agreement?? Also if she does get a Judgement, how will they be able to enforce it??

1 Answer

Answered on: 7/13/99, 5:05 pm by Cynthia Carroll

Re: Out of State Divorce Judgment

You need to hire an attorney to file an answer and counterclaim which asserts the defense that the SAPS and divorce bars your wife's equitable distribution claim. ED claims must be asserted before the divorce, and the language in your SAPS is the typical language which bars such claims. Good luck.

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Cynthia Y. Carroll, P.A. 1916 S. Glenburnie Road New Bern, NC 28561

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