Court date


#1

If there are lawsuits pending in Wake County, then he has the right to schedule a trial. He can contact the clerk for the procedure. If the only lawsuit pending is divorce, please be aware that rights to property and alimony terminate at the time of divorce unless either spouse has requested those with the court.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
NCdivorce.com
email: angel@rosen.com

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

My friend has had a rough couple of years. His wife refuses to co-operate with the divorce. She stopped paying all the bills on their house, which was then foreclosed, filed bankruptcy and quit working 3 years ago - right after he asked for a divorce. She had huge debts, which are all now on his shoulders and credit reports.

Since then he has found her another apartment, moved her and their two sons in, pays all her bills, covers her health insurance, previously covered by her employer, and buys the boys all they need for school. She has not worked one day since and has no intentions of going back. She has 14 years experience as an Executive Administrator, capable of making substantial income, but she is always after more and more money, but gives no reasons for what she needs it for.

He has asked her multiple times to sign a separation agreement, but she refuses because she thinks he is cheating her out of something. Yet he continues to pay her $1000 a month in support. He filed the divorce application last year and has tried to serve her numerous times, but she refuses it and he gives up. Finally this year, he sent it express certified and she signed for it as she thought it was money (he did it after filing the tax return). So now the 30 days is up and he has heard nothing from the court house on setting a date.

She is asking for more money, a car, and equitable distribution although because of her bankruptcy all that is left is her debt! He gave her all the furniture, she has a car that her brother gave to her (hers was repossessed because of the bankruptcy, but he is still paying for it because they had co-signed). He has been to the clerk several times in the last 30 days, but each time he is told they are still processing it. It has been 30 days as of the 11th of June. What does he have to do to get a date to finalise the divorce? He feels as though this is going to drag on forever and all he wants to do is get on with his life. She is draining him emotionally and financially! Please help!!! He has been checking the court calendar (he is in Wake county), but he is not on any schedules! He travels alot and is trying to be in town on Fridays as that is the only day Wake processes divorces apparently. What else can he do to speed it up?