How to file a motion


#1

Or rather, can I request Interim Distribution for return of Separate Property at the Status Conference?


#2

No, you would have to file a separate motion for interim distribution and return of separation property. When you are at the status conference the case coordinator may be able to give you a date that is available for the hearing.

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 radio.rosen.com/live 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

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.


#3

My stbx has not yet responded to me with her Initial Disclosure, etc. It looks as if she will not respond within 30 days, as required by local rules. If she does not, can I address that at the staus conference, or can I file a motion for the stbx to be sanctioned?


#4

The appropriate action would be to file a motion to compel and ask the court to issue an order requiring that these documents be produced.

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 radio.rosen.com 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

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (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.


#5

So, I have filed a motion for Interim Distribution and a Motion to Compel. My stbx has retained an attorney, and I have finally received something from them, a motion for interim allocation and attorney’s fees. The request for legal fees seems odd to me, given that I am going Pro Se. All of the allegations set forth in the motion are, at the least, misleading, if not entirely inaccurate. I can produce documents to show the court their allegations are untrue. However, it would help greatly if I have her financial disclosures, etc. How can they ask for interim allocation and attorney’s fees when I haven’t even been served with her financial disclosures and inventory? Doesn’t that prejudice me? Also, her attorney just mailed the motion with no file number on it, and didn’t include a Notice of Hearing or Calendar Request? Have I been properly served?


#6

If her attorney has not served a Notice of Hearing then that means it is probably not on the court calendar. Filing a motion does not mean it is automatically heard. If their motion is scheduled prior to the hearing then you should bring up to the court that you have not received their financial disclosures.

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 radio.rosen.com 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

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (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.


#7

I also noticed that it wasn’t notarized. The attorney who wrote it has gone on 10 week sabbatical. When I spoke to another one of the attorneys in that firm in court this morning about the incompleteness of the document, he just snipped, “Tell it to the Judge.” He doesn’t even work in the area of Family Law, and he seemed to be hoping for some kind of leniency from the Judge because of this. I won’t post about the Judge’s order in the Interim Distribution hearing this morning, but I have to think that my stbx is going to come out worse in the long run due to what she she argued for today. What exactly happens at a Status Conference? I seriously doubt that she will serve me with her Financial Disclosure and ED Inventory before the status conference next Tuesday.


#8

Not all motions need to be notarized. At the status conference the court will discuss upcoming deadlines in the case and discuss the dates by which certain events must occur.

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 radio.rosen.com 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

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (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.


#9

I have already filed an ED complaint, and have a date for the status conference. I am going to be serving the Inital Disclosure and ED Inventory in the next day or two. How do I file a motion for Interim Distribution?