Help---help- need help today

When you are served with the divorce complaint you will have 30 days to respond.

I suggest that if YOU think the problems pointed out by the second attorney are indeed issues that you can not live with, then take the agreement back to the first attorney and address these issues. Find out if that attorney also sees a problem with these things.

If you do not trust the second attorney is qualified of looking out for your best interest, and do not feel comfortable going back to the first attorney, then yes you should consult a 3rd. Have the separation agreement and the divorce complaint looked at. Find out if there is anything that can be done to respond to the divorce complaint about renegotiating the terms of the separation agreement or at least that it will be decided at a later date, so that time doesn’t run out…

I would also mention that if you signed the agreement then there may be little if nothing that can be done at this point.

stepmother is correct, if you have signed a separation agreement then you are done. If property was omitted from the separation agreement then the person that has possession of it owns it after the divorce is final. You have at least 30 days once your spouse files the divorce papers. If you avoid being served (the divorce papers) then you may have longer.

Do you currently have a signed separation agreement, or are you in the process of negotiating one? If you do not have a signed separation agreement you need to file a lawsuit for equitable distribution and alimony prior to the entry of the final divorce judgment in order to ensure your rights are protected. If your present attorney is not responding to you, you need to contact another one as soon as possible.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit for details

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


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 need some help and suggustions. Presently my one year time period of seperation is over and my spouse has let me know he has filed the final papers seeking the divorce. I had one attorney assist in the preparation of my seperation agreement. Then in March, I decided to have another attorney review the agreement. He felt there was some problems and together we discussed what needed to be addressed- since that time- he has done nothing but write one letter- review with me the same information we already had- and sends me emails asking what i want to have done next- I respond to his emails- and I get no response back from him- he refuses to answer my calls- Yesterday- due to a suggestion from a very good friend of mine- I checked out this second attorney on the NC Bar Assoc. Site- well- guess who has several complaints filed against him- I have called the local and state legal aid office to seek advice and neither office will help me- this is extremely frustrating to me. I do not know what to do or where to turn to get help- My spouse has filed the final divorce papers- I feel as if I am being cheated by him due to the current seperation agreement- I am only trying to make sure I am not being cheated and just want what I am due out of this marriage- We have been married for 18+ years. What do I do- call another attorney- have them represent me- by doing nothing to help me- what a joke