Spouse filing for A.D.; I can't afford legal fees


#1

From what I understand on this forum, he can file for divorce anytime after 1 year and 1 day. He can do this whether you regardless of your situation. You can ‘answer’ if you have unresolved issues. If you don’t answer, then 30-60 days after it’s filed, you will be divorced. If you can’t afford an attorney, and you have no issues with being divorced, then let it be. If you DO have issues, then you MUST get an attorney to represent you. You can’t contest a divorce once the timeline is met (I don’t believe).


#2

You may be entitled to alimony, child support, and half of the marital property. If the divorce is granted you will lose the right to petition the court to deal with these issues and will forever lose your right to seek alimony or a division of your property.

I would advise you try to schedule an initial consultation with an attorney to discuss your potential legal rights to alimony and equitable distribution.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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 but a full discussion with an attorney should be undertaken before taking any action.


#3

Thank you. I have consulted with several lawyers over the past couple of years. They all want a retainer of something like $3,000. That was my question, what do I do if I can’t even afford to pay my current bills. I am thinking this is like a “personal injury” case.


#4

I believe what you are inquiring about is a contingency fee. Meaning the attorney agrees to accept a portion of what you recover, but if you get nothing the attorney gets nothing. You will not find any family law attorney’s who are willing to take those fees because are prohibited by the rules of professional conduct from doing so. If you need some additional information and cannot afford an attorney, I would suggest you attend one of free seminars and see if that can give you some additional information.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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 but a full discussion with an attorney should be undertaken before taking any action.


#5

My husband and I have been separated for over 2 years. He was a doctor making more than 3 times what I make. He was an alcoholic and drug addict and wasted all his money and equity in the house on that (and other things) before losing his medical license. I was forced out of the house due to his violent behavior, with full-blown PTSD (my daughter too), too sick to do my job. (I have thorough documentation of everything). I still am not able to earn a full paycheck and the medical bills and other expenses due to the separation have wiped me out. I was waiting for him to get his license back and until I had the money for a lawyer, but today he called and said he’s planning to file for a “no fault divorce” (I understand that he doesn’t understand what that means in our case).

So, if I get served, what do I do? How do I answer?

Thank you