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Absolute Divorce and Preserving Your Rights

From time to time, clients come in for initial consultations after being served with a complaint for absolute divorce operating under the assumption that they could just “do nothing” and worry about receiving support and a fair distribution of their marital property later.  In most cases, this assumption could not be further from the truth.

An absolute divorce obtained within this State shall destroy the right of a spouse to equitable distribution under G.S. 50‑20 unless the right is asserted prior to judgment of absolute divorce.  In essence, once an absolute divorce judgment is obtained, you have effectively waived your rights to assert your interest in property acquired during your marriage.  If you are a dependent spouse, in most cases your will have foregone your right to alimony/spousal support.  Taking appropriate action upon being served with an absolute divorce complaint is of paramount importance.

In North Carolina, you have 30 days to file an answer to to a complaint for absolute divorce.  Don’t wait until the last minute.  Call us now so we can help you assert your rights in your divorce.

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