Interstate proceedings and required court appearances

[Golfball]

What is the name of your state? N. Carolina, Wake County



My wife & I separated on September 26, she moved to Kansas shortly afterward. I have remained in NC. We have both retained attorneys in NC, and all hearings will take place in NC, since our property is located there.

Due to various circumstances which I'd rather not disclose fully here, she is at least threatening to sue me for equitable distribution.

For any court appearance, pre-trial conferences, mediation hearings etc. if she is the suing party, is she required to appear, or can her lawyer appear in her stead? And is inability to afford travel considered good cause for failing to appear?

 

[seniorjudge]

Due to various circumstances which I'd rather not disclose fully here, she is at least threatening to sue me for equitable distribution.


Eh? What do you mean by that? Equitable distribution is what every lawsuit should strive for?


Q: For any court appearance, pre-trial conferences, mediation hearings etc. if she is the suing party, is she required to appear, or can her lawyer appear in her stead? And is inability to afford travel considered good cause for failing to appear?

A: Good questions. Have your lawyer ask the judge.

 

[Golfball]

Due to various circumstances which I'd rather not disclose fully here, she is at least threatening to sue me for equitable distribution.


Eh? What do you mean by that? Equitable distribution is what every lawsuit should strive for?

Specifically, I was referring to a claim for equitable distribution filed through the county court system rather than through a separation agreement handled outside the court system.

From the noises my STBX is making, she is gearing up to go through the court system.

Q: For any court appearance, pre-trial conferences, mediation hearings etc. if she is the suing party, is she required to appear, or can her lawyer appear in her stead? And is inability to afford travel considered good cause for failing to appear?

A: Good questions. Have your lawyer ask the judge.

It is on the list of things to ask my attorney, but I've heard multiple things from multiple people who have already been through the local divorce process, although not for interstate proceedings.

I figure the more opinions I hear, the better.

 

[mommyof4]

Well, I can give you my personal experience, although it was for a custody proceeding as opposed to divorce. (Keep that in mind).

My case was in NC, but I live in TX. My attorney went to court in my place for all but the times that I had to be there to give testimony. I was only in the court room 2 times in 4 years.

I don't know if that really helps you, but....