Another Question


#1

Dear soccermom27021:

Greetings. First, what claims are contained in your “domestic” complaint?

No, he cannot simply testify about “lies” without evidence to back it up.

Yes, I would include the uninsured bills you are paying in your monthly expenses on your financial affidavit. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Janet, basically the first cause of action just says that I am a fit and proper person to have custody of my 17 yr old daughter. The 2nd cause of action deals with him being able to provide health insurance on our daughter and that I don’t have the means to employ cousel and that he needs to pay the attorney fees. The 3rd cause of action is with regard to alimony (I think) as it states that by his actions of marital misconduct, acts, and conduct that he constructively abandoned me. That he rendered my life burdensome and intolerable and that I am a dependant spouse plus the duration of our marriage at 23 1/2 yrs makes me entitled. The rest of it deals with equitable distribution and divorce from bed and board.
He basically says (while screaming & yelling) that I “forced” him out of the home. That he was in fear of his life because I was holding a yardstick…well, actually he says that I hit him with it and put a bruise on his arm, but that is B.S. because I never touched him with it…only his new motorcycle and that was after learning he’d been with another woman the night before in a biker bar…he says that he’s NOT paying my attorney fees because I am a stupid **** for paying $2500 to an attorney when you can get one for $800…not really sure what planet he’s living on because the 1st consult that I went to they wanted $5000.
The new court date is set for 11/30 and I’m not really sure what that’s all about except that I need to show up. Is that normal procedure? It doesn’t mean that we are going to automatically litigate does it? I would rather go thru mediation from everything that I have read on your website to see if a reasonable agreement could be reached.


#3

BTW, incase you don’t remember, he has a gambling addiction and has squandered away his 401K money, forced us into Chapter 7 back in 2001 because of all of his secretive cash advances off of credit cards that he had gotten in his name, opening savings & checking accnts that I had no clue he had and was still going thru money that he did not have up until the time of our separation when he purchased a $10,000 motorcycle against my wishes…I would say that this is why my attorney said that he made my life burdensome and intolerable.
I would say that my chances of alimoney and PSS are probably going to be slim to none even though my attorney says different. How can you squeeze blood out of a turnip? It’s SO not fair that he can say he doesn’t have any money to settle with me when he’s always on the go going out of town on golf trips, to see the chick he met while traveling out of town, to the beach, or just spending every weekend playing golf when I can’t do anything…sigh…


#4

Dear soccermom27021:

Greetings. Okay, I only noticed a couple of questions in everything your wrote, so here goes:

  1. Ask your attorney exactly what is set for that date. Review the calendar request and notice of hearing. You must be prepared for court before going … since your future depends on the outcome of court.

  2. Yes, having a court date means that you are going to litigate.

  3. You can - hypothetically - get blood out of a turnip. If your husband is depressing his income, or using his income selfishly, the court will simply MAKE him pay you. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#5

My soon to be ex was served with the Domestic Complaint last night by the sheriff dept as his newly rented residence. He kept leaving town so they had a hard time tracking him down. Needless to say, he called several times last night to curse me out. I have a few questions that I hope you can answer.

  1. He claims that all the information in the Domestic Complaint is a bunch of lies. Aren’t all Domestic Complaints filled with the same standard law verbage?
  2. He tells me that he’s going to get me by claiming that I was not a “fit” mother and he’s going to say that I was unfaithful to him (and trust me, I was not)when I chose to stay with friends one weekend while we were not getting along. Can he openly tell lies in court even though he has no back up information?
  3. I am working on my financial affadavits for PSS, CS, and Alimony. Do I include any uninsured medical bills that have been incurred for both myself & my daughter since the separation ocurred? I am struggling to pay these uninsured bills even at sending $25 a month.

Thanks so much for your advice in advance.