Delay


#1

Hello all,

Okay, simple question. I officially separated in Feb 2010, papers filed etc. I have paid an attorney in Cumberland County over 6K. All I get is delays, WHEN can I expect to be DIVORCED? Can I sue the county for unecessary delay?

  1. No custody issues, we both agree on joint custody. Just one child.
  2. I am active duty military.
  3. Property issues are not major. No house or Land etc. Just my pension.
  4. My Ex spent blew entire inheritance from my deceased father of over 100K.
  5. I currently pay her temporary spousal support and she refuses to work.

WHEN can I get divorced? Or do I live in a banana republic?

Thanks,
DJV


#2

Your attorney is in the best position to answer your questions, but you can file for divorce after 1yr and 1 day separation. The claims of equitable distribution and alimony die with a divorce decree if they are not previously resolved, or pending.


#3

Hi,
Thanks for the reply, however, no one will give me a straight answer to “When can I get a divorce”. I called the NC Court system in Raleigh and they said most Family Courts are overwhelmed and underfunded, hence everytime someone sneezes, it takes three more months for another court date. I asked him “Who do I complain too?” He suggested that the State Legislators REFUSE to raise taxes in order to provide enough qualified Judges and courts.

I fully understand the 1 year and a day rule, however, that date came and went and here I am… my ex is on her fourth attorney and I can get no resolution. Apparently it’s too much to ask that the court system actually function in a timely manner. Anyway, can I SUE the county for incompetence and their refusal to provide a decent Family Court system? By the NC State’s court own report (See below) their is not supposed to be undue “DELAY”. Guess that was only a recommendation uh? Suffice to say I have zero faith in this state, their courts or the useless politicians who can’t even provide basic law functions for the citizens.

"When first established in 1999, family courts followed many recommendations from the 1996 Report, Without Favor, Denial or Delay"
http://www.nccourts.org/Citizens/CPrograms/Family/


#4

I don’t know about Cumberland County, but if the divorce is uncontested you should be able to wrap it up pretty quick. If the divorce is uncontested we may be able to complete it for you in Wake County. Please give my office a call if you are interested.