I feel brain dead, bear with me,
So a complaint for DBB is served by me the plaintiff last Feb. Then husband does a counter complaint addressing line by line poo pooing on all.
Then to my knowledge, the case is assigned to a Judge, and is eventually scheduled for a hearing to overview or whatever
During this lengthy time in wait, could I plaintiff, and is it typically done, make different motions/pleas such as temp alimony, temp possession of house, etc. which was addressed in my initial DBB complaint which would not take a yr to be heard
or is the norm where one has to wait in line which could take a year to be seen by the district court Judge assigned where Judge decides about what was line by line on my initial DBB complaint?
then find out have to go thru mediation before finally Judge will hear the case for the very first time or at least part of it, being a district Judge may have 100 cases on the docket for one day?
This is vital for me to have some understanding of the process. I would appreciate any clarity. I wish there was some specific info on the DBB process typically done, examples even out there in cyberworld.
Am asking. for my attorney I am very leery of
has not given me clarity re: process from day one
has been ambiguous, misleading,flip flops. Borrowed $ to retain him, am dying off the vine without any alimony, have zero savings, meanwhile wealthy covert narc husband’s supporting his gf he cheated on me with for couple of yrs, guesstimate of 2k a month, bought her car, large camper, and much more…(he gave me nothing in 10 yrs)
Have to know if my attorney is doing right by me or11111111 I have to wake up to reality of it to be freaked out by it all.
If you believe you are eligible for postseparation support, alimony, and interim distribution of the house and you are already separated, then you can file a new action for these claims.
Courts are routinely and historically clogged, and it can takes months to have cases heard. Each county calendars cases differently so the average length of time it takes for a case to be heard by the judge varies from county to county.
Typically, however, “temporary” issues such as postseparation support and interim distribution are heard must faster than longer, more permanent issues like alimony, equitable distribution, and divorce from bed and board. This is because the temporary issues take less court time and can be heard sooner and faster. But again, the average wait time to have the temporary cases heard varies from county to county.
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.
So, if I got this straight, sounds to me you are saying motions for temp post separation support and any other temp motion/plea for could have been done early on after my DBB complaint was filed, and cross complaint was recvd, given i meet the need for and physically separated for required time?
Motions could be done now, in fact.
Is this correct?
In xcomplaint husband stated I am an adulteress, thereby do not qualify for any type of alimony. Would have to prove so, which he can’t, if a temp support hearing comes in front of Judge?
I have filled out my financial status for attorney long ago, and kept asking wasn’t there a way to bring a motion for temp alimony before the court since last Feb/March but was told to have patience until assigned Judge would have entire case with all of my DBB complaint scheduled in to hear.
Last visit with attorney, he said he would be getting mediation lined up, AND that NOW he would bring action for temp alimony. Asked his secty week later, and she said the attny told he would mainly be working on the mediation aspect (No motion had been drawn up for temp alimony)
OMG what in the world do I do if my lawyer it seems is not acting in my best interest?? Instead, giving me the stall, knowing Im in financial pits. He got six thous from me and 4k he says has been eaten up ??
I CAN’T BORROW another six thousand to get another attny to do what the one i have hasn’t done.
Yes, it’s possible to file a claim for postseparation support (this is like “temporary alimony” although temporary alimony is not an actual claim or cause of action) as long as you are separated and you believe you are the dependent spouse and you believe your husband is the supporting spouse.
A claim for divorce from bed and board would need to be heard before a claim for postseparation support in the event a divorce from bed and board claim was filed prior to the spouses actually being physically separated.
While marital misconduct is considered in postseparation support, it does not act as a bar to an award of postseparation support like an act of illicit sexual behavior by the dependent spouse is a bar to an alimony award.
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.