Procedure question (hope an attorney will respond)

In order to properly respond to this I would need to review all of your documentation and the facts of the case. There are certain instances where the language your spouse’s attorney put in is correct, and certain instances where it would not be correct.

It is much more complicated than what I can respond to on the message board.

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

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


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.


I hope an attorney will read and respond to this.

About 2 years ago my spouse and I seperated. While researching the divorce procedure I discovered my spouse had not received a legal divore from her last husband. I contacted an attorney and was advised I was correct. We filed to have the marriage declared void. My spouses attorney of course filed a claim of estoppel. Thousands of dollars later we reached a settlment. As part of that I agreed not to pursue having the marriage declared void. As an aside I now believe that was the wrong thing to do. The settlement was fine but the marriage by all legal standards is void. Now a year goes by and my spouses attorney files for a divorce hearing and a proposal for divorce judgement. There are two statements in the document which trouble me 1) In the finding of facts it is stated we were legally married. We were not and her attorney knows this. The attorney never claimed her divorce was legal only that I should be stopped from asserting it wasn’t. 2) In the conclusion of law section that “There are no issues of material fact”. Obviously there are.

My question is this. Isn’t an attorney required to abide by the law and state the truth on documents they provide to the court?

I have come to believe that the system is far to easy on people, especially women who marry without properly settling the prior marriage. If we are going to ignore this part of the law why require divorce at all?