Option of Judges


#1

It is impossible for us to comment on the thinking of the judge in your friend’s case without having much more information.

Sorry.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

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

My friend separated from his wife of 27yrs. in March. During that time there were lots of disagreements on different things. Initially, he was ordered to pay the mortgage and utilities for nine months until the year was up for the divorce preceedings to take place. Before going to Court he had his Attorney to offer to allow his wife to stay in the home until she was ready to sell. He also agreed to allow her to keep all of the household items. Lastly he agreed to pay a certain amount of alimony for an extended length of time(I’m not sure). His wife and her attorney disagreed and wanted to take it before a Judge. They did just that and he was ordered to pay alimony for 19yrs.(time left on mortgage) and 1/4 of his 29yr. retirement from the State. His wife had no retirement to take as she spent down the funds over the years. He stated the Judge took it upon herself without any regard to his current situation. He lives with a family member so the judge said he had no expenses. Also there are no children. The youngest child is 20yrs. old and attend a local community college. Of course he is appealing the decision. My question is how can the Judge make a decision without applying the law and the normal process? Can a judge make that type of decision when, obviously the husband has to go out and start over? If this is the case I feel sorry for the MEN. Yes, he left but, she was fighting him and starting a paper trial to say he was abusing her. She never stated he hit her but that she was afraid. This enabled her to get him to leave. His job and reputation are very important to him and he didn’t want to risk losing it over some petty mess. They both agreed that he would be gone temporarily to give each of them breathing room. In the process of him being out of the house she started making changes for him not to come back. Obviously this was her thinking in the beginning. I don’t really care about her motives but, I have great concerns about the Judge and her authority. It just doesn’t seem fair. If there are laws to mandate how the process goes then how can she make such a devasting decision?

Thanks in advance for your response.