ED: An answer I can't find


#1

I cannot answer the question regarding ED without reviewing the court file. However, if your Husband was involved in litigation with an attorney, he probably filed an Answer and Counterclaim which would have included a claim by your fiance for Equitable Distribution. If that is the case then he can pursue the sale of the house at this time. If the attorney is not moving this case forward in a way you are comfortable with, I would recommend that you get a second opinion from another attorney.

If you wish to terminate PSS, you can set alimony to be heard in front of the Judge and introduce evidence of adultery at that time.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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.


#2

So what you are saying is that my fiance will not be able to pursue sale of his house if his lawyer did not file a request for ED? Or is it fair to assume that the lawyer had to file a response to the ex-wife’s request for ED, which will be enough for him to pursue sale of his house? Thank you for clarifying. Is there something in particular he has to do to legally move the sale forward if she still lives there and refuses to leave?

Also, what is required of my fiance to pursue an alimony hearing to stop PSS? Does he file an official request to stop PSS and to review alimony requirements? What concretely would he have to do to get the ball rolling?

Thanks you so much for your insights! I am getting more info from you than I have gotten in my own research efforts and from his lawyer…months of frustration!

Also, would Rosen Law Firm take on such a case for a plaintiff who lives out of state?
Thanks.

tonbon1111


#3

As long as Wake County is the proper place for the case to be heard, (meaning one of the parties that live here), we will represent a party no matter where they live.

It is logical to assume that the attorney filed an action for ED, however I cannot say for sure without reviewing the paperwork.

To pursue a hearing for Alimony, your Husband would need to contact the clerk of court in the county where the action is pending and tell them you need to schedule the matter of alimony for hearing.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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.


#4

Thank you very much!

tonbon1111


#5

You’re welcome, glad we could help.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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.


#6

I am marrying someone who has yet to go through ED and does not have settled alimony, only PSS.

His ex recently told him he could file a law suit against his attorney, who “neglectfully” did not ask for ED in the absolute divorce. She did ask for ED, but she says she will stay in the house and live off of PSS for as long as she wants to, and there’s nothing he can do about it.

His lawyer told him in December that they’d be back in court to resolve everything by March. We’re almost in July, and now the lawyer simply doesn’t return calls and gives us no information.

Questions:

  1. Has he completely given up his ability to get his property resolved/sold? Can he get it to court to resolve the issue on property? The house is in his name, but she lives in it. Could he have her removed to force the ED?

  2. The ex-wife had a two-year long affair prior to ending the marriage, which is probably why she is hesitant to go for an alimony award. Can my soon-to-be husband apply to the courts for resolution of alimony, where he would present evidence about her affair?

Thanks very much for any help or advice.

TC Roy