Want to divorce an inmate; No money for atty

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Want to divorce an inmate; No money for atty

Postby gee » Tue Nov 02, 2004 12:25 pm

I am seeking a divorce from an individual who is incaracerated for domestic violence against me and indecent liberties with my minor daughter. I am trying to file the divorce myself in Wake Co. because I am an unemployed, single parent who has lost practically everything, except my home. I realize I have to adddress property division, child custody (second & only child of this marriage), his desire for visitation (?), child support and hopefully alimony - some type of compensation for the financial losses I have incurred. I have picked up a "divorce kit" from the Wake Co. Clerk of Court, but I don't think I can do this alone. There are too many important issues - specifically the children and future protection from him - to leave to a "kit." Can these issues be addressed without an attorney? Legally - Can I do this myself?
gee
 
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Postby JanetFritts » Tue Nov 02, 2004 4:33 pm

Dear gee:

Greetings. Yes, you can always attempt to represent yourself in court, BUT it is important to remember that there are no example forms at the court house for a complaint dealing with equitable distirbution or alimony. These two claims are the ones that you need to worry about. I clearly would not advise anyone to do this themselves....as it requires a knowledge of civil procedure, the local rules, drafting, motions practice, etc.

Better to pay for it and get it done right the first time, as you may never get a second time to fix it.

After what you have said about the indecent liberties, I would also caution you that having someone do the child custody issues right would be a key for me! Good luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
http://www.RosenDivorce.com
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.
JanetFritts
 
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