Absolute Divorce


#1

If I have a signed parenting plan and separation agreement detailing all issues regarding custody and equitable distribution, is it appropriate to then use the absolute divorce forms on your website? We have a 50/50 custody arrangement and we make similar incomes, so can we agree that neither party will pay the other child support? We have other payment arrangments regarding the children in our parenting plan, such as payment for extracurricular activities. Since this is uncontested, do I still have to serve him, or can he just file an answer/response saying that he agrees with the complaint?


#2

Yes, you will still need to serve the divorce Complaint on him. If he doesn’t disagree with anything in the Complaint, he doesn’t even need to file an Answer. If you don’t file an Answer, all of the allegations in the Complaint are deemed admitted. You can certainly use the D-I-Y service on this website to get sample divorce complaints.


#3

Thank you. How much would you charge to review a complete pack of paperwork for legal and filing sufficiancy once I complete it prior to me serving it on the Defendant?


#4

Does your state require financial affidavits to be filed in uncontested divorces where there is a SA? I am finding conflicting information online and the clerks won’t tell me anything. Thanks!


#5

No, you are not required to submit a financial affidavit if there is a SA. We do not offer a service through DIY to fill out the forms for you, but we do offer a service to complete the entire divorce on your behalf.

If you prefer to take the do-it-yourself route you may make an appointment with a lawyer for a consultation, and he or she will review the forms for you. You can bring as much, or as little paper work as you chose to an initial consultation, more often than not, there is not enough time to review documents in an initial meeting.

You may contact an attorney’s office by phone to schedule a consultation. You may schedule a consultation with the firm by contacting our client liaison. Dial the main number and select extension 100.


#6

Thank you so much for your quick replies. I contacted your office and they referred me to a firm in Iredell county since that is the county we will be filing. I am an attorney in Florida trying to help my sister file uncontested in NC. I am confident through my research and with your previous help that I am doing it right, but I would love to have a consultation to review the completed paperwork to make sure the judgment is right and that there is nothing glaringly wrong. The Iredell firm wouldn’t look at it unless we retained them. Do you think your firm would be able to look at it for legal and filing accuracy, not so much content, even though you don’t practice in Iredell County? I am mostly worried about language incorporating the two agreements, a stipulation concerning finances and a full SA including a parenting plan. I would think the clerk would advise us if we were missing specific paperwork that conformed with their local rules. They had two attorneys that ended up firing them because of a conflict. Apparently the two firms were connected in some way, and when they dropped them it was right at the end of the 1 year and now time is of the essence due to financial reasons. I would hate for them to have to start all over when they agree on all the terms for ED and custody. Any assistance would be highly appreciated. Btw, your office staff has been wonderful.


#7

We don’t review docs as part of the forum, but you can set an initial consult with us if you want to. We can do an IC to review the forms though I think the better thing to do is to meet with an Iredell atty to review the docs, if you want an atty- you may just have to retain one. If you’d like to schedule a consultation with us, to review what you do have, you can call our main number and dial extension 100 for our client liaision. I’m glad you have had a great experience with our office staff.