Child by different father

North Carolina Divorce Law Divorce and Separation Answers
1

Dear jenniferphilippe:

Greetings. Yes, your husband and you need to include language on the paternity issue in the divorce decree. 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

10925 David Taylor Drive, Suite 100
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

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.

2

i’m not sure what you mean by that. We will have been seperated a year in November. I am still paying all his bills. Our other two children spend equal amount of time with both of us. When I file for the divorce do we need to have everything split equal? Because he claims he doesn’t have the money to pay for his own power, cable, phone, etc… the only thing that he pays now is the mortgage payment. Do you know if a lawyer will work with payment arrangements? I’m a little strapped paying for 3 kinds and two households.
Thank you

3

In the future, if you are going to instant message me and then insult me, despite the fact that I am providing you answers to questions at 11:30 P.M. during my own time(and then you have the audacity to say that I don’t have compassion), then please do not abuse this privilege. This is a service, not a requirement and we do it willingly. Without an apology, I will not answer your remaining questions, and you can wait on one of the other attorneys to provide you a response, if they do one at all.

I do have compassion for anyone going through this process, including you. I am sorry that your situation is so tough financially, but obtaining the legal services you are seeking come at a price. I even provided you a referral for someone that may do a payment arrangement for you and you still had the nerve to insult me.

We are willing, and do, provide legal advice for free on this forum and your statements to me in the instant message were uncalled for and hurtful. May your situation come to a happier resolution than this post has. 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

10925 David Taylor Drive, Suite 100
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

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.

4

I do apologize for insulting you. I have been very discouraged because i don’t have any help. And i don’t know where to start. And i felt like i was being judged. I am aware that everything comes at a price. It’s hard not knowing how to handle this and where to start. I don’t expect any answers from anyone on here. Because i’ve come to learn that the answers aren’t there. I have to find them.

5

Dear jenniferphilippe:

Greetings. I would never judge you. I only wish that we could help everyone that needs our help. I am also sorry that you feel like you cannot find answers here.

When you file for divorce, if you want to divide property, you must first file a claim for equitable distribution or you will lose everything.

Finally, yes, I do know that some attorneys may assist with the financial payments of their clients. 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

10925 David Taylor Drive, Suite 100
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

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.

6

I have been married for 3 years, my husband and i have been seperated for 9 months. I had an affair while we were married and got pregnant. The baby has her fathers last name. Is that going to be a problem during the divorce? Meaning the baby has her fathers last name, during the divorce am I going to have to prove that? My ex husband and I have two children together, and we have worked out the visitation together. He isn’t contesting anything, and he also knows the baby is not possibly his.