My husband and I lived together for several years before we were married. We had one child before marriage and one while we were married. His name is on both birth certificates. My question is: Do I list both children on “children born of the marriage” or just the child that was born while we were married.
For any complaints involving marital issues between you and your husband, you should change the wording to “children born to the parties” and list both children.
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.
Sorry I should have specified. This is the on the complaint for absolute divorce. The form is a fillable PDF I got from the state’s website and I don’t have the ability to modify it. The civil division did tell me that usually you would put both children and I found an answer from 2007 stating that I should put them both on there because our marriage legitimized my oldest.
After finding that info I filed the complaint and mailed the summons…is it going to get rejected because of that? Like I said the PDF I was told to fill out was not in my power to edit.
No, the complaint will not be rejected or dismissed. The most important thing is that you listed both children’s names and their dates of birth, as this information is required when filing for an absolute divorce.
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.