Having no money, last Feb borrowed 6k for my attny to commence DBB in district court. Thought I’d get PSS early on, at least, but no relief. Also, by this time the spousal IIED, AA (direly needed for leverage plus) other temp order, disclosures would happen, but not. Told instead to hang on/patience while my seriously covert narc husband of wealth plots more, trying to bury me. 6k about burned up, yet no gains.
I READ that when PSS is ordered, also determined that supporting spouse will pay for legal fees and court costs!!!
BTW, is PSS a pendente lite motion? for as read, such should be heard asap by a Judge.
I have no money for attny and mediator costs per hour that has been scheduled by my attorney for 11/15. My covert narc husband made sure I had nothing in 10yrs.
I would again have to see if I can borrow more and able to pay higher payments.
Yet told by attny there has to be mediation before a Judge will hear any of the case for first time.
Then the concern of paying lawyer more money for actions on my behalf furthering this lengthy process
I FEEL like I am being raked over the coals to soak me for as much money as can be had heartlessly, AND being forced to take a small nothing settlement which will land me with a very bleak, depressing existence at 77 yrs old.
Scared.
If PSS is awarded at a trial, the judge may order attorney’s fees for the spouse that is receiving PSS, but this is awarded in the judge’s discretion.
Mediation is required in many counties before a hearing or trial can be had in front of the judge. Mediation is significantly less expensive than going to trial and you retain control over your case rather than being at the mercy of what the judge decides.
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
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
This is in Columbus County. Are you saying that it might be in my County of DBB that mediation would have to be done first, before PSS, exparte restraining, etc any motions could be heard before a judge?
I’ve scoured Columbus County district court rules for domestic which left me confounded. I asked for consult with my attorney TOMORROW who am not trusting,
CAN YOU PLEASE give me steps in process of what an attorney would do once DBB complaint including PSS, ED, exparte restraining, alimony is filed in district court and answered. What comes 1st and when, then what is #2, 3,4…
1st up would be motions for temp orders PSS vital, which could be heard even in typical overloaded district court
When must and how financials be exchanged? discovery?
Then i read somewhere about pre trial and ED conference hearings with Judge
???
if you can’t shed some light,
WHERE can i get a clear understanding of the process in steps?? being my attorney is not forthcoming rather ambiguous, flips, mixed messages
Generally your attorney would need to first gather all of the relevant financial disclosures from both parties for the postseparation support, alimony, and equitable distribution claims. These are exchanged between the two lawyers or two parties so that both sides have access to the same information and same documents.
Any time after gathering the financial disclosures mediation would be appropriate.
Sometimes discovery or depositions need to be done before a mediation but not in all cases. This is a case-by-case determination that the attorney would decide.
Mediation can happen before or after any pretrial conferences with the judge. We do not practice in Columbus County but generally any mediation requirement will not be based on the timing of a pretrial conference.
A court date can also be scheduled for postseparation support at any time. There may be a strategy reason or judicial efficiency reason why an attorney may prefer for the divorce from bed and board trial to be scheduled at a certain time or in conjunction with another claim.
You can access the Columbus County local rules here: Columbus County Local Rules and Forms | North Carolina Judicial Branch (nccourts.gov)
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
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
First, thanks so very much. I’ve got a clearer picture.
Just read this after having a consult with my attorney earlier today.
My head is in even more of a spin resulting from discussion with my attorney, and am scared stiff.
My life is on the line, and I see all going down the drain.
Tomorrow, hopefully, I will go to the Clerk of Court, and make copies of what is in my own DBB case file, and also copies of a couple of other similar DBB cases to read what has been happening in their cases and by their attorneys.
Only thing i can think of to find out for myself, if my attorney is giving me a line of BS or what.