Dear harleydad:
Greetings. If your wife has been out for over 50 days, have your attorney send a letter about Domestic Criminal Trespass and to amend the complaint to include a claim for Equitable Distribution. Change your locks and move on. You can get the child support from your spouse now, even if she is living with you, so have your attorney set that issue separately.
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You cannot make someone change their character. Talk to them frankly and try to come to an agreement on actions to be taken and when you can reasonably expect them to occur. Also, be clear on what the outcome of each action will likely be.
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Yes, in my opinion you should not let her back in.
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Why? My point here is why continue to be in litigation, just move towards resolution instead of punishment by the court - which will not leave you in any better situation.
Best of luck … what county do you live in?
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668
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.
Greetings Janet. I always appreciate your help. Very “to the point” and timely.
I live in Rowan County.
Thank you again SO much.
I only ask what county you live in because if you lived here I would tell you that we could help you bring this matter to a resolution. Maybe you need to retain/associate another law firm that specializes in this area to help set the pace. If you go to a larger firm in the nearest large city, you may be able to associate an attorney to collaborate and guide your current attorney to help move things along. Just an idea.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668
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.
In June of 2003 I told my spouse I wanted a divorce. I hired an attorney, which I fired 2 months later because he wouldn’t move on the case. In September, I hired my present attorney. Spouse had not at that time retained an attorney.
In January of this year I filed for Divorce from Bed and Board. At that point spouse still did not have an attorney.
Spouse finally “retained” an attorney in February. Her attorney continues with one stall tactic after another. Requesting documents which I responded to in March. Asking for extensions. Asking for a jury trial.
The first court date on Divorce from Bed and Board was July 27 which was “held open”.
It’s now August and I don’t even have a separation agreement. She has been out of the house 50 of 51 days (28 consectutive). Over a 561 day period, prior to the last 51, she has stayed out all night 92 times. I keep hearing and reading about “condoning behavior” which is a ridiculous excuse in my opinion. She is living as she pleases, and riding the stall tactics of her lawyer. In the meantime she says she has no money and no job.
I maintain a full time job, a home and all the expenses, and try to raise two teenagers without any involvment from the spouse.
First question…How do I make my attorney more agressive and cause her attorney to respond?
Second question…given her length of absence, am I separated?
Third question…How do I use her behavior against her in court?
I want this done and my life to continue. I’m angry, frustrated, and becoming extremely impatient.