Does this seem right to you?


Dear xmedwife:

WHAT?WHAT?WHAT?WHAT?WHAT? You paid an attorney $100,000 and still counting to separate your property and get you alimony? Are you serious?!?!?!

Have your attorney set the final hearings. Keep your head up and go to the hearing. I know that it is scary, but you have to practice your testimony, be prepared, stay in (or get into) counseling for yourself and the anxiety court brings, and have faith.

Equalizing distributions is a typical situation, even though it feels unfair. Splitting out of pocket health insurance and forcing you to obtain employment is also typical, especially if your child is older. Judges take time on attorney fees, but if your attorney follows up at an appropriate time and requests a ruling, the judge will make an order, probably in your favor. Best of luck and let us know any other specific questions.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax


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.


Here’s the breakdown on what judge has done in my case:

It’s been almost 3 years and no settlement. Ex husband has had control of virtually all assets since DOS August l6, 2002. I have paid my attorney over 100,000 and counting. I have had no access to the marital estate and have been forced to return to work after 20 years out of the education field. Ex had an affair.

Judge: did order him out of residence August l6, 2002.
Received interim distribution in December of 2003. It has gone to pay my attorney fees.

Feb. 2004 trial for post separation support/child support/attorney fees. Judge increased support from the voluntary payments, but cut me 1700 from my affidavit. Received only 2 months of retroactive (date of filing was for 10 months) and no ruling on counsel fees. Out of pocket health insurance expenses for child split 50/50.

June 2004 Judge indirectly ordered me to take my son on my weekend to an out of town tennis tournament—this was brought before judge in an emergency hearing.

April 11, 2005–his side filed motion to reduce PSS/Child Support and motion for interim allocation. Judge refused to hear the PSS motion, but did give him an interim distribution equal to the amount I received in 2003 stating he was equalizing the distributions. Keep in mind, ex has control of all marital assets. He is a physician and has had all divisible income for almost three years! In January of 2004, he purchased a new home. In November of 2004, he quitclaimed the marital home over to me without my knowledge or consent. Trial date set for June 27, but I am afraid to go to Court. Mediation failed—best offer was 54%–no income producing property and 500.00 a month alimony for 10 years.