Q: My friend is incarcerated. due for release 11/18/20 Divorce granted after 43 yrs of marriage. Needs a legal aid attorney
43 years of marriage. Divorce granted. Need to find a Legal aid lawyer to help her with dividing up the assets. They have a court date for nov 30th. Calendar call is on nov 18th via internet to see if the 30th is a good date. Where should she go from here?
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- North Carolina
- (910) 333-9679
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- Answered
A: If the divorce has already been granted - the time for having the court to divide property and assets is over. When she was served, she should have filed an Answer and Counter Claim for equitable distribution and any other claims she may have had. If she did not and the divorce was granted - most of those claims are likely now barred. When she gets out, if she is allowed to contact her former spouse, she should see if there is any possibility of working out a fair division directly with her former spouse. However, typically speaking that is unlikely and if so, her best bet is to consult with a local family law attorney who can assess her specific situation and lay out any options she may have but odds are, this will be something she would have to pay for and not a legal aid type proposition (but it never hurts to try) and if she was properly served and failed to properly respond, there very likely isn't anything that can be done from a court perspective (but again, it never hurts to look into it just to be sure). Best of luck.
A:
I would be highly surprised if Legal Aid would help for this type of matter - it has been my experience that they don't provide these types of services.
Without knowing what has transpired in her equitable distribution case, I couldn't say what her next steps should be. I don't know what has been calendared to be heard, and whether it is a full-scale hearing (very important) or just a pre-trial conference (not that important, just a check-in with the court). In general, equitable distribution will involve (1) identifying the assets, (2) valuing the assets, and (3) distributing the assets in an equitable manner. I don't know to what extent she has prepared an affidavit setting forth the extent and value of the marital estate, or really anything else about the status of this case. Without that information, I can't be of any more assistance.
She should figure out a way to consult with a family law attorney in her area ASAP. Tell her to get a copy of the FULL file.
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