I married in Detroit Michigan August of 2011. Things became verbally and physically abusive around 2013 and 2014. I gained the courage to leave and separate from my marriage around June of 2015. I began dating again, although no divorce had been filed, and became pregnant by the man I was dating in 2016. I gave birth to our daughter during the later part of 2017. According to Michigan law, because I hadn’t filed for divorce my husband was her legal father. He also signed her birth certificate after discussing this with him. Since then I’re relocated to Wake County of North Carolina in April of 2018 and now am an official resident. I want to finalize the divorce to my husband and am not sure how to proceed as well as file child support against my child’s father who now lives in Iowa. PLEASE ANY SUGGESTIONS OR HELP ON HOW TO PROCEED ARE WELCOME!
You cannot file for absolute divorce in NC until you have been a resident of NC for at least 6 months. At that point you can file a complaint for absolute divorce and have your husband served.
You can file for child support against your husband since he is the legal father. Otherwise, you would have to establish paternity through a court action for the biological father then proceed with a child support action, or going through your county’s child support enforcement office, to establish a child support obligation.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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