I don’t know if this will help, but I found a great book at the library. It’s called "How to file for divorce in North Carolina ", by Jacqueline Stanley and Edward Harman, attorneys at law. It has a lot of facts, as well as forms in the back you can copy. It also tells you what you need to do in order to change your name back. It’s one of the most informative books I’ve ever found on this subject. It does however, stress the fact that a lawyer is always a good idea in matters involving more than just an uncontested divorce. Good luck to you !!!
Greetings. First, I would tell you to look at the divorce documents we provide on our website. If she wants to resume her maiden name in a divorce matter, all she needs to do is request the same in her answer, not counterclaim. NOTE: If she is eligible to receive alimony or needs to still divide marital property, she will need to counterclaim for equitable distribution and alimony to preserve these rights.
Also, Plaintiff has already paid all costs, so asking for this is not necessary, but you can also ask for these in the Answer.
Finally, remember that in North Carolina, providing legal advice to another (even a family member)is illegal. Best of luck.
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
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.
I would like to know how to format an answer to a complaint for divorce. I have the cover sheet completed, but may need to change it.
I’m helping a relative with this and she does not contest the complaint for divorce, but wants to request that her husband, the plaintiff, pay the costs and fees. Neither has an attorney.
She also wants to resume her maiden name. I have an answer worked up, but I don’t think it’s correct. In this case, does she need to file a counterclaim, or can she make these requests in an answer?
Your help is appreciated.
James W. Allen