I was served yesterday, 5/23, with a divorce complaint that was filed 5/6.
Do I have 30 days from 5/23 to respond?
How do I respond with an answer? I can’t find a “form” on the Mecklenburg county website.
What template do I use?
Once I e-file what happens next?
This is just for a simple divorce but I want to add equitable distribution and alimony.
We already have a separate case for custody and child support that was filed in 2022 that’s still ongoing, so will the cases be combined at some point?
You have 30 days from the date in which you were personally served with the complaint. So 30 days from 5/23, with day 1 of 30 beginning on 5/24.
You will need to file an answer and counterclaims for equitable distribution and alimony. Each numbered paragraph in your answer corresponds with the numbered paragraph in the complaint, and you will admit or deny the allegations in each numbered paragraph.
There is no form to file an answer and counterclaims. You will have to draft your own.
Check out our free Do It Yourself Divorce Guide which will walk you through the process of an absolute divorce in NC.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you so much!
Do I need to file an action sheet along with the answer to make sure that equitable distribution and alimony are put into action or just indicate them as a part of my answer?
Also, I need to participate via WebEx for all hearings and I’ve been told by the Judge that I need to file a motion for that, but I cannot find a form for completing that on the nccourts.gov site.
You should file the Domestic Civil Action Cover Sheet along with your answer and counterclaims.
There is no pre-printed form for Webex testimony. You’ll need to create your own and explain why you cannot testify or appear in court in person. Then you’ll need to file it and set it for a hearing date before the judge.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Ok thank you, and do the counterclaims have to be separate motions or just listed in the answer?
I was told to fill out either a basic motion for relief regarding the need for WebEx, or a peremptory setting request, do you advise that?
I have a hearing for a motion to modify child support (mine) coming up this month, do I need to file a new Worksheet showing why I need to modify?
The counterclaims are included in the same document as the answer.
I agree that you would need to file a motion requesting Webex testimony and setting it for a peremptory hearing, or at least filing a request for a peremptory hearing, or otherwise setting it for a hearing prior to the hearing that you are needing/wanting to testify via Webex.
At a child support modification hearing, you should have reasons to explain why there has been a substantial change in circumstances affecting the wellbeing of the minor children. You will also need an updated child support worksheet reflecting both Mom’s and Dad’s current income.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you. So for the child support modification, is it appropriate to use worksheet B if my youngest son spends more than 123 overnights with me?
Also, my middle child just turned 17 so has she aged out?
Worksheet B is used when both parents have at least 123 overnights a year with the minor children.
Worksheet A is used when one parent as at least 246 overnights a year with the minor children.
Your 17 year-old child has not aged out. A child does not age out from child support until the child has turned 18 AND has graduated from high school.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
So if my oldest is 19, my middle daughter lives full time with the other parent, and my son spends more than 246 overnights with me, then do I use worksheet C?
Yes, that is a split custody or Worksheet C situation.
Your oldest child is not counted if your oldest has already graduated high school.
Here is what the Child Support Guidelines state about Worksheet C: “Use Worksheet C when primary physical custody of two or more children is split between the parents. Split custody refers to cases in which one parent has primary custody of at least one of the children for whom support is being determined and the other parent has primary custody of the other child or children. Do not use Worksheet C when the parents share custody of one or more of the children and have primary physical custody or split custody of another child instead, use Worksheet B.”
And I misspoke on my prior response: Worksheet A is used when one parent has at least 243 overnights.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Ok I filed my answer to the divorce with domestic civil action cover sheet indicating counterclaims for alimony, child support and equitable distribution and it was returned by the efile department stating:
Return for Correction Comments | If you wish to file a Counterclaim and ask for Alimony, Child Support, & Equitable Distribution, please file proper documents and include the $150.00 filing fee. |
- | - |
Can you tell me what the next step is?
What are the proper documents?
You must pay $150 filing fee any time a complaint or counterclaims are filed for family law issues.
You counterclaims must be included in your answer or in a separate document filed at the same time. There is no form or template for an answer or counterclaims.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Within the counterclaim, is it necessary to quote state statutes for equitable distribution, alimony and child support?
Should the format be “First Claim for Relief”, “Second Claim for Relief”, and “Third Claim for Relief”? after sections on PARTIES, CAPACITY, JURISDICTION, AND VENUE, and FACTUAL ALLEGATIONS?
I was told I need to get it notarized as well, is that true?
You do not need to provide statute citations for your counterclaims, but it can be helpful.
After your answer, you should have your counterclaims organized first with the jurisdictional allegations and then first counterclaim for relief, second counterclaim for relief, etc.
Yes, your answer and counterclaims should be notarized prior to filing them.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Something like this:
In regards to FIRST COUNTERCLAIM FOR RELIEF (Equitable Distribution), the Defendant hereby prays the Court as follows:
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Paragraphs one (1) through nineteen (19) are incorporated herein by reference as if restated in full
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Defendant is entitled to an equitable distribution of property and marital assets based upon the statutory provision of one (1) year’s continuous separation from Plaintiff.
In regards to SECOND COUNTERCLAIM FOR RELIEF (Alimony), the Defendant hereby prays the Court as follows:
You can use our Sample Court Complaint to help you draft the substance of your counterclaims, however, keep in mind that this is a complaint and not a counterclaim document.
You must allege more factual basis than simply the Defendant being entitled to the claim for relief that you are making.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Ok thank you, I’ll use that as a guide.
I have a modification of child support bench hearing coming up in 2 weeks and I have prepared a 3 page statement for the judge with exhibits. Is it appropriate to submit all of that prior to the hearing through efile or am I expected to read my statement to the judge at the hearing? I feel like if I provide it to her in writing it will be best but don’t want to assume that she will take the time to read it.
You do not provide statements or exhibits ahead of time. You will testify during the hearing and present any exhibits you have during your testimony. You will likely be unable to read from any prepared statement.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Ok thank you.
Is there a formal “Request to Produce” form to use to request current banking statements and pay stubs from the plaintiff?