Divorce and custody

You can file for an absolute divorce and will mention in there the names and birth dates of your children. You should be aware that once the divorce if final the court will be unable to do anything with your property so if you decide there is an issue later, it can’t be fixed.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780


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.

I’m a little over a month away from being able to file for divorce. My STBX never would sign a separation agreement. We have a child support order through CSE. We don’t have a custody agreement, although he’s moved 5 hours away, and the children live with me, and see him when he, and school, allow. We had no real property to settle, and have already split what we did have.

How do I go about filing for divorce? Do I just file the divorce complaint that mentions the children? Or, do I need to file a custody hearing also? Do I mention the support order?

Neither of us can afford a lawyer. What is the easiest way to do this? Thanks in advance.