Can I amend my divorce?


#1

During the 1 year separation period I met someone and became pregnant. I then moved to FL where I gave birth to my son in August of 2009. In the hospital they informed that in the state of FL only my husband is recognized as the father of my child whether or not his was the biological father. They advised me to refuse father information and that once my divorced was finalized I could add the biological father to the certificate. The divorce was finalized in October of 2009.

When I tried to add the biological father (whom I’ve now married) to the birth certificate they said that they need an amendment from the NC courts saying specifically by name that my son was not a result of that marriage, they don’t recognize separations and that the final divorce degree saying 0 minor children were a result of the marriage is not enough…

Can you even amend a divorce? What is the procedure and how much is that going to cost me? Is there a way that the NC court can deem the biological father the “father” without having to amend the divorce?


#2

You may file a motion pursuant to Rule 60 of the North Carolina Rules of Civil Procedure and request that the judgement be amended. This motion should be filed before October as these motions cannot be filed more than one year after entry,

I cannot say for sure how much this will cost you, but I strongly advise you to hire an NC attorney to help you deal with this issue, especially given the time sensitivity.