Answer to complaint and other question


#1

i was served a complaint for divorce. i was expecting the papers as my husband is already planning his marriage for this september (his 41st bday and his son’s 1st bday).

it states in the complaint that a property distribution paper will be attached to the divorce (there is no property distribution paper) and that i am to resume my maiden name upon the divorce.

how do i answer the complaint about the property distibution issue and i would also like to incorporate in my answer that i want all arrears in child support paid prior to the divorce (it’s only $400)

also, when i do answer the complaint do i need to pay any filing fees? i know he had to pay when he did the complaint, just don’t know if i have to pay anything.


#2

Dear duhhuh58:

Greetings. You have to file and ask for your maiden name to be resumed. You also have to file a claim for equitable distribution if you want that.

Child support is a separate issue from the divorce and if you already have a child support order, you will need to deal with the arrearage in that file. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#3

i was served a complaint for divorce. i was expecting the papers as my husband is already planning his marriage for this september (his 41st bday and his son’s 1st bday).

it states in the complaint that a property distribution paper will be attached to the divorce (there is no property distribution paper) and that i am to resume my maiden name upon the divorce.

how do i answer the complaint about the property distibution issue and i would also like to incorporate in my answer that i want all arrears in child support paid prior to the divorce (it’s only $400)

carol