I am getting ready to file a DBB for adultery. My case is strong but because my spouse does not have the the finances for an attorney I am worried. If she somehow comes up with the funds is there any chance that the judge will force me to pay for her fees either way the DBB falls? I would assume I would not have to pay fees if I win, but if somehow it is not granted will the judge force me to pay for her fees?
If she counterclaims for attorney’s fees to defend the divorce from bed and board action, the judge could order that you pay her attorney’s fees. This is more likely to happen if there is a trial on the DBB issue and the judge denies your request for a DBB and is less likely to happen if there is a trial and you are granted a DBB or there is a resolution by consent.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
What is a resolution by consent?
Sometimes a divorce from bed and board claim can be resolved by the consent of both parties but it would typically involve other claims or areas of the separation/divorce. For example, you could agree to dismiss the divorce from bed and board claim (a win for her) if you get something in exchange, say a waiver or alimony or you get to keep all of your retirement in equitable distribution (a win for you).
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.