Greetings. You will need a separation agreement detailing the custodial arrangement between you and your husband. If this document is signed by both of you in front of a notary, you do not need to file it anywhere - although you can file it with the Register of Deed’s office in the county where you reside.
Then, the divorce is a separate process where you file a complaint. Child custody does not have to be part of the divorce.
My suggestion is that you take all your forms and pay the consultation fee for an attorney to ensure they are correct. Thank you.
Janet L. Fritts
Attorney with Rosen Divorce
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
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.
Thank you for your assistance in this matter. I have a question about the separation agreement, however. He has agreed to voluntarily pay child support directly to me in an amount we both found reasonable. If all issues regarding custody, child support and property are covered in the separation agreement, will there be any need to file other forms such as the NC Voluntary Support Agreement, Child Support Worksheet and Cover Sheet for Child Support Cases? I have those forms as well as many others which I’m not sure if I need, but would like to have just in case I do. I know I should consult with an attorney in person on this matter, but I honestly can’t afford to do so at this time since I’m supporting both my children by myself and he hasn’t paid any child support yet. I also have no way of getting the money to pay for the consultation fee, yet don’t qualify for Legal Aid. Again, you’re assistance is greatly appreciated and if someone could tell me the names of the forms I need to file, other than the ones for the divorce, I could take it from there. Thank you so much.
Greetings. If he is paying child support pursuant to the separation agreement, then you do not need any of the additional forms that you found. Those forms are typically used in litigation over child support.
If you have concerns about him paying child support, contact the NC Child Support Agency and they will garnish his wages for you. Best of luck and I hope that answers your questions.
Janet L. Fritts
Attorney with Rosen Divorce
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
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.
I have questions regarding the forms on your website. I understand they are for an absolute divorce, which does not include custody or other issues. My soon-to-be ex and I have agreed to ALL issues regarding our divorce and are ready to get this over with. We have 2 children and no property to divide. We have agreed to joint legal custody of the children with me having sole physical custody since he lives out-of-state. I have downloaded all the forms from your website and filled them out completely, along with other forms from various websites. My dilemma is if/how the process differs from an absolute divorce since we’re including all issues and not just the dissolution of marriage. We have no separation agreement, even though we’ve been separated for 2 years, and we’re trying to get a complete divorce all at once so he can get remarried. Do I attach a copy of the Marriage Settlement Agreement or other form to the complaint when I go to file or will that come later when I go for the hearing? If someone could tell me the exact names of all the forms I need to have and in what order to process them, I would be most grateful. Thank you in advance for any advice or help you’re willing to offer.