Papers filed, now what


#1

Make sure your equitable distribution & spousal support cases haven’t been dismissed, though.

I only say this because it seems odd that you filed the paperwork last year, but haven’t seen resolution yet. I could be missing something, though.


#2

I found out today that the paperwork is still valid and pending. I am considering filing a motion myself and getting a court date and just representing myself. I am the only one that will be passionate about my case and bring up things that I think will be valid. My last attorney didn’t even use the teachers we supenoad, the journals I kept, etc and the result being joint custody w/ me being primary. Now today, the attorney for DSS re: our child support case, failed to bring up very important info re: his finances, and I could just see my case going to hell. But since I spoke up, it was continued since I brought some info up.

Would it be in my interest to defend myself or go w/ another attorney?


#3

Generally, I find it in the best interests of any party to go to court with an attorney, but it is a decision you must make on your own. You mention several things in your post about you being the only one that can be passionate about your case and bring up things you feel are important. You should remember that while it is important for an attorney to be your zealous advocate, you also want an attorney who can advise you objectively, even when that advise is hard to give. Some evidence that may be important to you, may not be admissible. It is often difficult to hear an attorney tell you that, but you should not interpret that to mean that the attorney does not care.

The court will require you to have a mediaiton before they allow you to set a hearing for ED, even if you think the mediation would not be successful. I would suggest you set up the mediation as soon as possible and then schedule the court date for a date after the mediation is due to be completed.

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

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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.


#4

My attorney (I no longer have this attorney, I don’t even have one right now) filed all the paperwork last year for EQ distribution, spousal support, etc. Child support and custody is already done. Now this is my question…my ex’s attorney had already responded to my complaint for everything and we counteranswered it. Now that its been over a year, I want to file for absolute divorce w/ the judge deciding EQ, and spousal support. This includes the home, 401K, everything. There is no need for mediation since we do NOT agree on any of it.

Can I file this for a court date?