Divorce Complaint


#1

I was just served yesterday with divorce papers. My husband “accidentally” forgot to put his apartment number down so I couldn’t mail him a copy of my response because I am contesting the divorce. He also used my maiden name which hasn’t been my legal name in over a yeah and half. I was wondering, are the papers I received still valid or would he have to file new papers? And if he does have to file new papers how would I notify Wake County of that!


#2

You can read more on the specifics about divorce on our website, but there are not many challenges to a divorce that are appropriate.

If you still want to contest the divorce, make sure you file any answer and motions with the court appropriately and serve the answer and any motions you have on him based on the address provided. He has an obligation to inform the court of his proper address for service of documents, and you should serve him at this address. If you find out his apartment number, I would serve him at both addresses (with and without the number) to be thorough so he can’t argue he didn’t receive anything.


#3

If I wanted to file for alimony can I do so in my answer (response) to his request for a divorce or would I have to file a separate claim for it and pay a fee?


#4

You can add it as a counterclaim or file a new lawsuit. Either way, you will have to pay a filing fee of $150 for your claim. Make sure you file your claim for alimony prior to the divorce decree being granted. If the claim is not pending, you will lose your right to pursue it. You can refer to our sample complaint for help with filing your complaint for alimony.