How can NC be okay with a wife being removed from her home? Police advised me to.leave due to safety concerns, and I left with the clothes on my back alone. 2 years later, I cant get my personal things, I can’t return to my home or I face criminal trespassing?! My spouse has not filed divorce papers, but filed and ED, asked for no material items, just the house. He has been late 12 times out of the 16 he paid, and missed 8 payments over 24 months. How can I get justice from a judge if he just keeps setting status hearings and wont hear my side? Agggghhhhh
If a DVPO is in place, you can ask for a law enforcement escort to go with you to the marital residence for you to collect your clothing and things needed for your employment.
You can file your own claim for equitable distribution so you can have certain marital assets distributed to you and receive a “buy out” of the marital residence.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
There is no dvpo in place, magistrate did not see a reason I was in harms way! It was brutal bc he went there first and lied.
If I were to file my own ED, what would that do to the response that I was required to file for his filing?
You will need to file an answer to his complaint, since you are the defendant in the action he filed.
You should also file our own counterclaim for equitable distribution and any other claims you may be eligible for and are requesting (for example, postseparation support and alimony). This is included with your answer.
You have 30 days from the date you are served with the complaint to file an answer and counterclaims. You can file a motion for an extension of time to have an additional 30 days to respond.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.