Procedure in DBB

Think my brains are mashed potatoes.
Initially my complaint for DBB was filed in district court.
Husband/defendant answered complaint late, poo pooing about all such as my entitlement for a DBB, support, ED, etc.
*** Did his answer last March appx need to be replied to in a cross complaint by my attorney in so many days?
If my case is on the docket for Jan 9th, and wrote my bad attorney that I don’t want him to charge me further for anything such as going to roll call on Jan 2nd,
and if I decide to go pro se what should I do next?
Somehow tell the court? appear on Jan 9th to tell Judge somehow tho I’m case number 24 on docket?
In about 11 months now my attorney has not requested financial disclosure going back 3 yrs, and financial affidavit from opposition.
I don’t know the legalese way to request properly. No way have I found this info. ???

Your husband’s answer did not have to be responded to, however, any counterclaims he filed against you should have been replied to within 30 days of service of the counterclaim.

If you no longer want your attorney to represent you, you should notify your attorney of this and plan to attend calendar call on your own. Your attorney will file a motion to withdraw and you may need to sign a consent saying that you agree to your attorney being removed as the attorney of record.

You can issue subpoenas to banks, etc. to get your husband’s financial records and statements. You can also make a request directly to your husband’s lawyer for his financial affidavit, but be prepared to exchange it for your own completed financial affidavit.


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.

When lawyer files motion to withdraw, do I not need to attend a hearing before Judge? or does he send me a letter or email?
says I owe him $600 which to me was foolery in consultations and emails to and fro. Precious money borrowed, as well, for retainer a majority of $/hours used up was same in a disservice to me.
I missed the Jan 2nd calendar call, my case is on docket for Jan 9th, I’m guessing lawyer got a continuance yet again, as has been done over and over in the 10months since filing DBB. So, I’m assuming I would have no way to speak to Judge on 9th?

Do I put a request for financials from opposition in husband’s inbox at courthouse? or email or mail it to his office?
Lawyer said but never did that he would ask for husband’s financials going back 3 yrs. of credit card, banking, IRA, Stock and dividend statements, tax returns,etc. along with financial affidavit.
In request to husband’s lawyer can I include the latter?

Thank you ahead.

If there is a scheduled hearing for a lawyer’s motion to withdraw, you will need to be present to consent to your lawyer withdrawing unless you have already signed a consent in advance.

You can include anything relevant to your cause in your request to your husband’s lawyer.


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.