Taking too long?


#1

It takes a year of separation before you can get a divorce - that’s probably why they aren’t in a big hurry. I hate that law.


#2

I’m sorry, I wasn’t clear on my separation issue. My year of separation was completed on March 1st, 2005.


#3

In August of last year my ex and I entered into a consent order which we both signed and notorized. My attorney sent a copy to her part time attorney which he never acknowleged or sent back to my attorney. (I fault my attorney for not staying on top of the issue). In the consent order she got half the equity in the house, a vehicle paid for with insurance for a year. I waived child support in lieu of her waiving alimony.

On June 2nd of this year she was served with divorce papers. She has now decided that the amount of money I paid her was not enough and her attorney informed my attorney that they considered the consent order null and void. By the way, in the consent order I agreed to pay her half the amount of equity in the house. When the house was appraised it came in less than I expected and after 3 appraisals, I decided to give her ALL the equity in the house because I thought that would be fair and I felt like that would help in finalizing the issue once the divorce came to court.

We have been separated for 14 months now. I am caring for two teenage children on my own, which she has not provided one thin dime in help. They have very limited contact with her because they are tired of her sob stories. My questions are these.

Can I reposses the vehicle I gave her, or at least cancel the insurance and tag.

Can I get the money back I paid her.

Can I ask for back child support.

Please help me, I feel like I’m in this alone. If this is typical of divorce in North Carolina, something needs to be done.


#4

Dear Harleydad:

Greetings. If your wife was served on June 2 - then you must wait thirty (30) days before your attorney can take any action on the divorce. After that time has expired, your attorney can file a Motion for Summary Judgment and file a Notice of Hearing.

Wow…I would definitely have a problem with my attorney for not following up on the consent order for such a long period of time. Yes, if the order was not entered, she can back out. Yes, you may be able to take back the vehicle if solely in your name (talk to an attorney about “self help repossession”) and ask for back child support. Good luck…and possibly hire a new attorney. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
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

ROSENDIVORCE.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

Greetings Janet,

Since posting, I have informed my attorney he has until the end of August to take care of this situation. Interestingly enough, through reading this forum, I was able to inform him that he was to proceed with the motion for Divorce, and leave the ED alone, for now. I know that all the X wants is more money, and being desperate as she is, will not hold out much longer and I can bring this issue to a close.

Thanks for your help, I’ll keep the forum posted.


#6

Dear harleydad:

Greetings. If she was served with the divorce and the 30 day waiting period has lapsed, then your attorney should file a motion for summary judgment and a notice of hearing for at least ten days away and your divorce should be granted. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
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

ROSENDIVORCE.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.


#7

I’ve been legally separated since March 1st, 2005. My case has not yet hit the Rowan County courts. My attorney seems to be dragging his feet on the issue.

The ex was finally served divorce papers on the 2nd of June.

Do I have any recourse with my attorney?