After seeing my attny 11/2, SOS !*!*!

North Carolina Divorce Law
1

With mediation set for 11/fifteen re: my DBB into it’s 9th month, I consulted with my attny 11/2 to get CLARITY of what’s going on, answers to my many ??? trying to get all in…in the session.

  • first Asked WHY I have yet had a PSS hearing in all these months?
    He said he has tried, even tried the other day, with Judge but no go
    (am thinking then WHY was there no motion in divorce file record? am I missing something??)
  • Asked WHY no financial disclosures gotten from my husband, especially heading into mediation with nothing.
  • My attny tells me that nt the awwe don’t want awareness of MY financials in mediation.
    ??? I said WHY NOT. Nothing to hide. I’m in debt. NO savings. Little assets. The Pits and getting worse by day courtesy of cruel, wealthy husband doing me in and with intent.
    He says just TRUST ME in reply.
    He then adds, we need to have his mediation to get to trial hopefully in December,
    I ask, Trial for what??
    Attny says THEN we can go for PSS, and the rest after Dec trial.
    THIS BLEW MY MIND. He’s telling me a wait of 9 months, to get before a Judge for 1st time to get a trial, THEN only will it be okay to go for PSS, disclosures, ED, legal fees, etc etc all that was in my DBB complaint filed last February.???
    Reeling from this one for to me this makes no sense and frightens the Hell out of me, I thought to say to him…if I had had PSS for relief all these months of wait…I additionally may have had Judge order defendant/spouse pay my legal fees which thus far I have had to borrow and have none left.
    My attorney said Judges NEVER do that.
    So, I continue a wife who is in NEED, and has to borrow to go into mediation, and continue on is squeezed so hard that she might have to accept an unfair settlement???
    No reply.
    The six thous I risked to borrow for my retainer of this attny, has been eat up mainly from ME not being updated on any progress which there was none, and therefor asking for consults with him, trying to figure out how I can survive. Asking about arbitration, offer of settlement etc, that I came up with diggin in and researching, also about IIED, and AA as vital leverage which he said we could do but then NIXES
    IS MY GUTS, INSTINCTS, alarms going off…all wet in concern that my attorney is helping to bury me getting money out of me, while not having to do anything?
    OR,is it time for me to pull the plug on a bad attorney??
2

It is not unusual to file a complaint in February and not get a trial date until December. And in some counties, that would be fast. Although typically PSS can be heard in a sooner time frame than that.

An award of attorney’s fees, where allowable under the statute, is entirely in the discretion of the judge. They don’t always award attorney’s fees simply because the statute allows for them to be awarded.

Mediation is your best bet to settle your case if possible, and that is true of most cases. In mediation you have control over your case instead of giving control over the outcome to the judge, and mediation is significantly less expensive than trial.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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