Equitable Distribution Problem


#1

I just received the order regarding the marital property distribution. I was unable to participate in the hearing in any way, because I was incarcerated (out of state) during the time of the hearing.

Is there any way to re-open this so that I can try to represent myself in some manner? Much of my ex’s allegations are false, and I can get others to offer evidence of this. Time is short since I now have ten days to make a financial payment to her, and I have no assets whatever.

Is there a form I can file, and if so, how would I do this?


#2

Your remedy is to appeal the Order.


#3

Thank you for your response, Ms. Willis. With whom would I file the appeal, and in what form?

I have the contact information for the Forsythe County Trial Court Corrdinator, is that the person to whom I would address the appeal?

Also, in West Virginia, if a party to a divorce is incarcerated at the time of a hearing, the court is required to appoint a guardian ad litem for that party. In addition, the party bringing the suit is required to file a positive affidavit that the other party is not incarcerated, should that be the case. Does North Carolina have any similar requirements?


#4

You really have two options; you can file a motion pursuant to Rule 60 of the North Carolina Rules of Civil Procedure to set aside the order, or you can appeal the order. It isn’t something that the trial court coordinator can set in motion for you, I would urge you to seek legal representation as this is a rather complicated process.


#5

Well, thank you anyway. I guess I’m just out of luck, then. I’m both out of state, and completely without funds, so there is not way I can obtain representation.

Just another example of the legal system being structured against the poor.


#6

Because you are out of state and lack funds to retain an attorney, you may be interested in signing up for our Rosen Online Service. This service only costs $199/month and allows access to a library of legal forms and communication with an online attorney.


#7

Thank you for the suggestion, but I struggle to pay rent and utilities. $199 is about $250 more than I have available.