Old Photo Album


#1

Dear nwkltl:

Greetings. Yes, you can do a Motion in the Cause, requesting assistance, if your equitable distribution was resolved by court order. If not, then there is no recourse.

I would like to say that it is heinous for your ex to keep this from you, since it is so clearly “yours.” That is usually the signs of someone that is hurt. If you want to negotiate with your ex directly, my suggestion is that you ask what is it that your ex would take in exchange for the photos. This may help you get to the heart of the hurt. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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 but a full discussion with an attorney should be undertaken before taking any action.


#2

The court did order equitable distribution, but the photo album was not specifically listed, does that mean that I have no recourse?
Thank you very much for the service you provide to all of us.


#3

Dear nwkltl:

Greetings. No, if the court ordered an equitable distribution, I think that you can make a motion in the cause and ask the court to assist you. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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 but a full discussion with an attorney should be undertaken before taking any action.


#4

Well, I told my attorney about what you told me, and he filed a criminal case instead of civil, which as it turns out was not correct, and I did not get my album back. However it did annoy the ex, and now she has moved and changed her phone number. I have not been able to see or talk to my daughter for over a month. I have a court order allowing me visits every other weekend, plus phone calls every wednesday. She is in violation of the court order, but my lawyer does not seem interested in doing anything about it. I wish your law firm could represent me, I know we would get things straightened out then. But since my case is Halifax county, I guess you can’t represent me. I do not know of any other good divorce attorneys, and after 7 years of court battles and harrassment from the ex, I am about ready to give up on fighting her anymore. Hopefully my daughter will come to understand that I have done everything I could to keep her a part of my family. It is sad when the other parent can’t let a child be a part of their other parents life. My daughter barely knows her two year old half sister.


#5

Dear nwkltl:

Greetings. Do you know that if she is violating an order that you can handle this yourself? It is only filling out a form.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.


#6

Ms. Fritts, What form? We have some of the same things going on by violating a court order. please tell me the form?


#7

Dear Amma:

Greetings. In Wake County, you can use the Motion and Order to Show Cause, which is a “DOM” form that you can find on the Wake County’s website. You should be able to use the same form in other counties for the same purpose (of enforcing an order). Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.


#8

I have a question about some of my personal property. My divorce is final and equitable distribution has already been ordered, so I may be out of luck, but I would like to explore my options. Here is the situation: My grandmother who is 98 years old gave me an old tintype photograph album containing photos of her family, my family. I had forgotten about it during the turmoil of the divorce, but since have asked my ex for it back, she refuses. My ex claims she is keeping it for our daughter. I don’t mind my daughter having the photo album, but I would like to make copies of the photos since they are the only ones of my ancestors in existence. Is there any legal recourse that can be taken to get my photo album back or am I out of luck? Thanks for any advise.