Settlement/court


#1

The court will consider evidence of marital misconduct at an alimony hearing and that will have some influence on the alimony award, however in general alimony is based on the income of both parties.

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

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.


#2

My divorce includes 4 adultery 8 indignities and abuse complaints. Ex dosen’t want to give me alimony according to my financial aff. and has the funds also thinks he is due more property. Problem is not alot of equity in 36 yr marriage, borrowing for attorney fees, best if settled out of court. Thru this process I’m coming to the conclusion that judges in Meck Co don’t want to hear cases for ED or alimony so attorney’s try to convince clients to settle for less than what’s due according to law. EX is in comtempt for June CS and health ins prem agreement in 10/06 and purgery in counterclaim and Exhibit 9 in cs/pss hearing also forged my signature on 401K ck and 1040 for 2005 also found out he lied on 1040’s for 4 yrs re donation amounts problem is I signed without question. Ex is a narcissist but it seems like I have alot to hold over his head to get him to settle but I don’t see that my attorney has been successful. Claims other side will not believe him or care. Attorney says Ex has amount in his head that he is willing to give dispite my financial aff. 2 mediations, one with mediator and another with our Judge acting as mediator. She says she would asses me with $2000 earning power (HS diploma no exper since 1980) and knock my 2 mortgages down from $1700 mo to $800 (she didn’t take into consideration my credit score ex screwed up by not paying charge cards etc and home taxes and insurance - banks tell me new mortgage would be $1500) She was quite brutal on my behalf I feel and it’s probably because ex lied when he talked to her. Also may be because she doesn’t want it in court. I’m asking for $3500 and he wants to give 2000. My attorney told me if we mediate with her it will be a bad day in court for both of us if we don't settle. Also, she didn't really want to hear about misconduct or abuse - said it was a financial issue - what's that all about - maybe because it's only mediation. What is the real story in court re misconduct and abuse issues? I don't trust the Judge. Judge at cs/pss retired and was half asleep (lies on his Ex 9)when she ruled my case. Old attorney didn't represent my case well -got new attorney after court. I feel like our attorneys want to settle and are trying to but the pressure on me and none on EX. EX trying to purchase 4000 sq ft home and my attorney says judge will scrutenize his mortgage! I can't change attorney's at this point because of expense - what's going on. Seems like my attorney has leverage to convince his attorney not to go to court and settle. I'm afraid Judge will be mad if we go to court and make me sell everything to make it quick and easy etc. I feel I'm being screwed all over again - not just by my Ex. Someone tell me the truth about the legal system that is suppose to uphold justice. I don't feel very good at this point. I feel the attorney's got us to mediate twice to financially run me down and wear me out and keep me from being able to afford court. I expected Judge (our Judge)at mediation to come down hard on Ex because of my divorce claims--apparently not so. Ex managaed to save during separation and I had to borrow for attorney fees and living expenses (mainly because he lied at cs/pss hearing) Please give me a feel for the process re court and my situation. This all seems so wrong.