Often people ask where they are able to bring suit for equitable distribution. A wife, for example, may continue to live in the marital home in Iredell County while her husband, who separated from her, lives in Wake County. The wife may work in Mecklenburg County and wish to move to Mecklenburg County as soon as she is able to sell the marital home. For convenience and strategy, the wife may wish to bring her equitable distribution action in Mecklenburg County. Is she able to do this?
Absolutely. The wife may bring her action in Mecklenburg County if it is more convenient. It would then be up to the husband to file a motion that venue would be improper in Mecklenburg County. This may or may not be worth it to the husband financially and strategically. Specific facts for your case will determine whether or not venue would be appropriate in Mecklenburg County or Iredell County. Likely, venue in Mecklenburg County would be fine and appropriate.
If you have question regarding equitable distribution and where venue would be appropriate, contact Adkins Law to speak with an equitable distribution attorney. Adkins Law is located in Huntersville NC and primarily serves Mecklenburg County and the Lake Norman area.