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Nice article in Lawyer’s Weekly . . . don’t trust your spouse!

October 28th, 2013 by Katherine Frye

In the Lawyer’s Weekly newspaper occupying space on my desk, there is an article that references a recent N.C. Court of Appeals’ decision regarding divorce and reiterates the profound impact the divorce has on your rights to pursue property division and/or spousal support.

The Morgan case emphasized the rule that if you do not file a claim for property division and/or spousal support BEFORE the divorce judgment is entered, your right to pursue that claim later is lost. You MUST file a claim PRIOR to the entry of the divorce judgment.

In the Morgan case, the Husband filed for divorce, and the Wife was served; however, after being served, Wife says that Husband promised that they would still divide their property. The Wife trusted her Husband and filed no claim for property. Later when he (presumably) refused to divide the property, she filed a motion to set aside the divorce judgment. The trial court and now the Court of Appeals have denied the request. The Court of Appeals noted that even Ms. Morgan testified that her Husband had a “history of lying.” The article notes that there is no evidence that the history of lying was a factor for the Court; however, it is an interesting fact of the case.

Many times people have been separated for years, and one party decides to move forward with a divorce. If you and your spouse have been getting along well, you may trust that your spouse will honor his or her word to you. Just remember that regardless of what your spouse says you need to trust the advice of a lawyer.

If your spouse recently filed for a divorce against you, please contact Frye Law Offices to talk about your rights and obligations moving forward. At Frye Law Offices, our attorneys are experienced at helping people through these initial steps in the divorce process. To discuss your options and obligations, please call us at 919.846.8807 to set up an initial consult. We work hard to provide you with experience, professionalism, and knowledge when you need it most.

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Frye Law Offices, PA is the private practice of Katherine A. Frye, a Board Certified Family Law Specialist. Since 2001, Katherine's practice has focused on all areas of family law, including separation, divorce, child custody and visitation, child support, postseparation support, alimony, and property distribution. We can provide you with an estimate cost and timeline to resolve the issues in your situation.