Final decree


#1

The decree can’t be modified simply because he didn’t have an attorney, however their reconciliation may have acted as a modification of the decree. In order to know for sure you need to review it with an attorney.

If he has complied with the order he will be given an opportunity to present evidence in court regarding his compliance.

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 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.


#2

My husband (JR) and his ex-wife divorced in 1999. Right before that, she convinced him to adopt her daughter. When she filed for divorce, she retained a lawyer but he did not (as he didn’t want the divorce.) He agreed to a bunch of things he shouldn’t have but thought he was doing the “right thing” for the adopted daughter. A month after the divorce was finalized, she convinced him to move back in (convenient, she collects SS on her deceased husband for herself and the daughter and also has JR to support her because she won’t work.) The lived together for another 5 1/2 years before they split for good in May 2005. Now, he wants to separate property they still own together and has had sue her in court for the maintenance and taxes she owes him so in retaliation she cut off all communciation with the daughter (has been poisening her mind against JR for some time now) and is suing him in family court stating he isn’t paying for 1/2 of the medical bills (easy to prove that he has been), and that he owes her $7000 for miscellaneous items prior to the final divorce in 1999. This money was paid (and then some!) over the course of the 5 1/2 years they lived together but he didn’t know he should get something in writing to file with the court to show it had been satified. What can he do? Also, can the final decree be modified if he wasn’t represented by counsel the first time?

CDD