Hi, Can you explain what happens at a Hearing that covers Divorce from Bed and Board, PSS, Interim ED? I want to be ready and I have no idea what the procedure looks like or how I should be preparing.
Thank you!
KK
Oftentimes these issues can be resolved by consent before having to present testimony in front of the judge.
For divorce from bed and board, the party having filed the claim will put on evidence of fault grounds against the other spouse to have spouse removed from the marital home or to support their claim for support.
For PSS, the party seeking the PSS award will present financial information for both parties (income and expenses) and show the judge their need for a PSS award and the other party’s ability to pay the PSS award.
For Interim ED, the party that filed the motion will present evidence as to why they should be awarded a particular piece of marital property (usually a house) in advance of the equitable distribution case.
In each, the plaintiff will have a chance to present his/her evidence to the judge, and then the defendant will have a chance.
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.
Does going in front of the judge for PSS, ED hearing means that the case is in trial or litigation? I have heard that it can turn out to be very expensive.
Yes, if you have a court date, that means there will be a trial unless you and the other party are able to come to an agreement the day of the court date.
For equitable distribution, many counties have several court dates in advance of the trial date for pre-trial conferences which are not trials with testimony and exhibits/evidence.
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.