Complaint and Answer


#1

My husband asked me for a divorce on September 12, 2014. He had been staying gone all night several times a week and the entire weekends and would just come and go as he wanted. I have been completely dependent on him since December, 2011 due to filing for Social Security Disability and waiting for a response. I borrowed the funds needed to consult and retain an attorney on Sept. 25th. Once he found out he left the home and I have not known his whereabouts since. He hired an attorney, cut me off of all funds by locking and closing the joint bank account we had together. He changed all passwords so that I am unable to access any monthly bills and only knew they were not being paid when the overdue notices started coming in the mailbox. He has came to the home and removed his Harley Davidson, Chevy pickup, tools, etc.
My attorney stated in person to me (and in front of my 25 yr old son & in emails) that I had the legal right to sale items from our marital home to survive to buy food, electricity, etc.
I sold the car for $2,100 on Craigslist after he had already told me to sale prior to asking for a divorce because 2 mechanics stated it was leaking oil faster than it could be put into it and would cost over$1,000 in repairs. I also sold an old chainlink dog lot that had been sitting out in the yard for over a year for $100. I took the money from the sale of these items and bought food, household items, doctor co-pays, prescriptions, gas, etc. and kept every receipt. I then took the remaining money of $1,000 and the john Deere lawnmower and traded to get a Ford Ranger pickup.
He sent me a civil summons for a temporary restraining order so that I am unable to sale or remove any other items from the home. He/attorney have also filed a complaint towards me. I was summons to appear in court on December 1, 2014, of which I did. The week before I consulted with my attorney in person after she emailed me and asked that even thou she advised me before to sale items that she was now advising me not to because of the TRO and complaint. She also stated she was not hired to represent me in the TRO but only the separation agreement. She assured me that she would be in court with another case that morning and would stand up as a witness for me stating she did indeed state I should dispose of the items. The court day came and she was there, but his attorney did not show up. The clerk called and his attorney stated she had been held up in another courthouse and needed until 3pm to make it to the Guilford courthouse. My attorney had other obligations (I assume) but I texted her when we were dismissed at 12:30 and asked to come back at 3 if she would still be my witness. As of that day, I have still not heard from my attorney after calls, texts and emails. The TRO was granted on his behalf and now I have a complaint to answer that I have no clue how to respond to it, where it is suppose to go, is there any fees, etc. I am totally frustrated and struggling in many ways. I have downloaded some of the example forms from this site but am unsure if now am I the Plantiff and he is the dependent? How can I get alimony or some form of funds? DESPERATE!


#2

Based on what you have shared, it would be in your best interest to hire an attorney. If you have paid your original attorney, you should continue make attempts to communicate with her and inquire what exactly you have paid for. If you continue to receive no response, I would schedule a consultation with a new attorney. A law suit has been filed against you and you will be better off if you are represented by an attorney.

We offer a service that gives you access to a library of legal forms and allows you to communicate with an attorney, it is called Rosen Online. The service costs $199 per month. You may find it helpful if you attempt to represent yourself pro se, but again, based on what you have shared it is in your best interest to have legal representation.