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I feel as If I made a mistake concerning the equitable ...


Sent to Legal Experts August 09, 2007 1:34 a.m.

I feel as If I made a mistake concerning the equitable distribution in my separation agreement based on not having the monies necessary to live and just jumped at ED that wasn't fair and just. Is there precedent for me to have it reopened in NC?

Optional Information:
Raleigh, North Carolina

Already Tried:
just speaking with my ex out of respect hoping to appeal to her sense of fairness.
Customer (name blocked for privacy)
Status: Closed   Value: $15   
Answer
August 09, 2007 2:08 a.m. (33 minutes and 44 seconds later)
ACCEPTED Check Mark

Dear Franknitty:

I'm afraid that you cannot 'reopen" the ED process. If you feel that the court made a legal mistake, and the time limit has not run, you can appeal the ruling. However appeals are extremely difficult to win, especially when you participated in the ED process and accepted the court's findings. You must show that the court made a legal mistake in the process which effected the outcome.

The process of ED is designed to result in a fair way to distribute the couple's property between them. But it is not designed to provide you with "moneys necessary to live" on. In former times, "alimony" was the tool used to make sure that the working spouse was responsible for providing "moneys necessary to live on" for the non-working spouse. In most divorces in modern times, spousal support is either non-existent or fairly limited in time. Each of the parties is expected to find a way to support themselves.

Here is a link to an article titled "What to Expect: The Equitable Distribution Process" which I located on a law firm's website. I found it to be very interesting and informative: http://www.gilpinhatcher.com/propertydistribution2.cfm

I hope that this information has been helpful. If you have a follow-up question please let me know. Otherwise please remember to click on the ACCEPT link so that I will receive credit for working on this question for you.

Thank you, Dan

Dan  -- Retired JD -- 100% Positive Feedback on 874 Legal Accepts
Retired attorney, general practice, with an additional background in financial planning,
Reply
Sent August 09, 2007 10:56 a.m. (8 hours and 48 minutes later)

It's not that I need the moneys to live on. It's that I helped to create the monies, properties involved in the process. I made a mistake and didn't meet with an attorney because I didn't have the funds. The time limit hasn't expired and I have been taken advantage of. Since we've never been before a judge and did this with the help of her attorney while I didn't have one and made a mistake signing off on the papers is their a legal remedy for me?
Customer (name blocked for privacy)
Answer
August 09, 2007 11:07 a.m. (11 minutes and 6 seconds later)

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Dan  -- Retired JD -- 100% Positive Feedback on 874 Legal Accepts
Retired attorney, general practice, with an additional background in financial planning,
Reply
Sent August 09, 2007 11:30 a.m. (22 minutes and 38 seconds later)

I've never had a hearing in this matter. I signed off on a separation agreement and then the divorce was final in November/2006. The ED is inequitable in that I agreed to 32K when I had approximately 400K in our two homes. I found out later that I wasn't given full disclosure concerning the business that i ran for her family and was never paid. I walked away with so much on the table and feel that I deserve more. I have approached her and she says she will do whatever her lawyer recommends to her. I am younger than she and she's now retired and I didn't even get a chance to look at what that would've meant to me either. The attorney for my ex did all of the work. No commissioners involved at all. I need wisdom and help
Customer (name blocked for privacy)
Reply
Sent August 09, 2007 11:41 a.m. (10 minutes and 49 seconds later)

My ex is getting approximately 95%. I was hurt by her unplugging from the relationship. I wasn't mentally right when i signed off on that paper. We had adopted a son and I was torn about not being with him everyday since I was his primary caregiver. I just need to make a wrong right.
Customer (name blocked for privacy)
Answer
August 09, 2007 5:27 p.m. (5 hours and 46 minutes later)

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Dan  -- Retired JD -- 100% Positive Feedback on 874 Legal Accepts
Retired attorney, general practice, with an additional background in financial planning,

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