Court Questions


#1

You can ask for a continuance on the divorce and custody cases, but since you’ve already filed for an extension, you may not get one. You should hire an attorney immediately if you’re planning to do so.

I do not know if you will have to pay your spouse anything on the vehicle, but it is a possibility, depending on the rest of any property settlement you and your spouse may make.

If you listed child support payments you did not make in your bankruptcy, it can certainly affect the discharge of your bankruptcy as well as a child support case against you.

Offers of settlement between parties are not admissible in court, so that should not be a problem for you. However, if settlement is possible, I encourage you to explore that avenue and have an attorney look over those agreements. Going to court is going to take a lot longer and cost a lot more money.

Good luck,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@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 spouse filed for divorce and the time came for a thirty day extention. So I filed for the extention, to postpone the divorce and child custody case. Now, I only have a couple weeks left to get an attorney. Is there anything I can do if I don’t get an attorney by the date this goes to court? Also, when we separated my spouse took the vehicle we purchased during our marriage. I did not keep the payments up on the vehicle. I filed bankruptcy and listed the auto. The creditor repoed the auto. My question is, will I have to pay my soon to be ex any money for the auto? Also, I have NOT paid any child support since separation, 16 months ago. I have had no visition with my child. I know now this is soon to haunt me in court. I did list child support payments on my bankruptcy, do you feel this is also going to affect me in court? My spouse mailed me two (2) separation agreements, she made up herself, however, I did not sign either. Is this going to hurt me in court, that she tried to set up some kind of agreement between us? Thanks for any information.