I was served with divorce papers on August 28, I let my attorney know. He wrote up a letter for me to get an extension. Extension was approved, I got a letter two days ago from the other attorney stating that the divorce hearing will be finalized on October 22, my attorney filed an equitable distribution mediation. Which is going to be sometime either right before the hearing or after. What happens if we can’t come to some kind of agreement on the mediation? Do I lose all my rights to spousal support retirement the house?
Sincerely,
Barbara Spears
As long as your counterclaims for equitable distribution and alimony are filed and pending at the time of the absolute divorce, then those issues will be preserved for further hearing even if the divorce is granted.
The absolute divorce cannot be granted before the time has expired for you, as the defendant, to file your answer and counterclaims and otherwise formally respond to the complaint against you.
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.
Will the courts allow more time for the absolute divorce? If I have doctors appointments, because I will loose my military ID and my Tricare will end the day of the divorce.
My attorney told me that I don’t have to put an answer in, but I want to and I don’t think he going to
You don’t have to file an answer to an absolute divorce but the divorce will be granted since there is nothing from you, as the defendant, showing that you contest any of the requirements for absolute divorce.
The Court will not allow more time for the absolute divorce unless you file a motion for an extension of the time prior to the time expiring for you to file answer (30-33 days after you were properly served, depending on the method of service). The extension of time will give you an additional 30 days to respond to the divorce complaint. It sounds like you may need a counterclaim for alimony if you are the dependent spouse.
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.
Dear Anna Ayscue,
After I was served for the divorce I went into the courthouse and got an motion for extension of time, till October 28. My Attorneys paralegal wrote it up for me. Little did I know I was going to be representing myself for the divorce. A few days later I received the notice of hearing for October 22.
I cannot get my attorney to call me back and the Opposing attorney Will not talk to me about the hearing. My attorney refuses to write a counter claim for the divorce and they are telling me I’m protected with the mediation that has been ordered by the court. My has yelled at me for the mistakes and not responding, i’ve asked him for the last two years to file something so I could get alimony because my husband is the supporting spouse. I live in Onslow County and rumor has it don’t go to court without an attorney it’s not a good idea. I have no money my husband active duty in the military, they will not get involved.
I have an appointment with another attorney on the 24th and I’m hoping that they will take payments. I feel like I’m always running into a road block. Military spouses need help legally. So if you do not do the forms correct the judge will throw it out. Which is not fair.
Thank you for all your help
Barbara
If you are representing yourself for an absolute divorce hearing on 10/22, your motion for extension of time to answer the complaint has been granted, and the extended time to respond to the complaint has not yet expired, then you can go to court on 10/22 and let the judge know that you do not agree to the divorce being entered because you have not yet had a chance to file your answer and counterclaims.
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.
My attorney is telling me that I can’t contest the divorce. We have not had mediation and we don’t agree on a lot of stuff. I just don’t want to lose my rights to his retirement and alimony.
As long as you have an equitable distribution claim and an alimony claim pending at the time the absolute divorce is granted, then you will not lose your rights to any marital property or alimony.
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.
What happens if I did not receive a letter for child custody mediation and can not attend? My ex husband contacted me today and said the mediation is Thursday oct 31st he will not give me a phone number to contact the mediator. I’m out of state and trying to go back before Thursday would an expense I can’t afford. Can you please tell me what I can do.
You should have received initial documentation at the same address where you were served with the custody complaint or modification motion about the child custody mediation orientation session. Typically at the orientation session you will be given the date for the mediation (it’s a 2-part process).
You should call the clerk’s office in the county where the action is pending and ask for the phone number to that county’s child custody mediation office.
If you live out of state, you would be eligible to have the custody mediation requirement waived (if you live more than 50 miles from the courthouse) but this requires an order from the judge.
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.
I’m went to mediation, I was pressured into signing I really didn’t want to sign. Now I have to sell the house, find a job, move out of state. I don’t know where to begin. My attorney told me that I need to move out of the marital home ASAP, my ex, Will not pay the house payment after one year if it doesn’t sell. How do I appeal this? And I need a QDRO, my attorney won’t do one. I really want to make an appeal, get a change of venue.
If you voluntarily signed a consent order or separation agreement, then you cannot appeal it.
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.