Was attorney right or wrong?


#1

I found out Monday that my petition for the divorce was file, yet sent to my STBX attorney and not him. Both of us were wondering where it was at since it was filed at the beginning of the month.

Has our 30 days started already since his attorney was served with the papers?

I told him to call his attorney, but he said, NO. If he wants this divorce as well as I do, then why can’t he just call his attorney?


#2

I had this same situation and I was told it depended on if your ex’s attorney had been designated by your ex to receive paperwork on your ex’s behalf. Otherwise, it would need to be sent to the ex as well.


#3

If your ex’s attorney accepts service on his behalf it does not need to be sent to your ex, and the 30 days begins when service was accepted. Otherwise your ex will need to be served. He likely does not wish to call his attorney because he wants to avoid fees.


#4

Well the STBX always said to send the paperwork to his attorney. So does that mean he has his attorney excepting stuff on his behalf?


#5

Likely yes.


#6

Thank you for answering Erin.

I guess you are correct about him not wanting to pay fees to the attorney. He is taking this 30 days to the fullest time. He is wanting me to walk into court and just stand infront of the judge to make me pay more money for the attorney.

Now with all this money I’m paying out, Can I put it in the ED? I do know that in the very first order when he was served it did state we were going after him paying for my attorney fees. So, can all this be put in ED?


#7

Attorney’s fees are a separate issue apart from ED. You are only entitled to reimbursement for fees incurred seeking support and or custody. NC law does not entitle you to attorney’s fees for the divorce or equitable distribution.