It’s to late. You must demand a jury trial in your pleadings.
Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607 NCdivorce.com
(919)787-6668
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.
Will the fault found by the judge be used in setting alimony as well?
And more importantly, if mediation fails what effect will it have concerning custody?
If alimony was included as one of the claims in the divorce from bed and board, the court will consider fault in determining alimony.
Once mediation fails in the custody matter, it will be set on for trial before the judge. Then the judge will decide what is in the best interests of the child/children.
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.
I was recently on the recieving end of divorce from bed & board, the testimony was heard only by a judge, after reading your website I discover I had a right to a jury to hear the evidence.
I was not aware of this and I never waived any right for a jury to decide fault.
If that is correct may I demand a jury trial on this matter or is it too late?
What are my options?