Filing questions


#1

I would like to do all my hearings in 2 phases. First phase, all the temporary things- temp child support, temp custody and pss. Then give myself a few months to prepare for child support and custody, alimony, ed and the divorce itself. My question is this…do I do one pleading for the temporary issues and then another for the 2nd phase, or do I include everything in one pleading? Your sample one did not mention temporary issues in it. Also, are there different forms for temporary custody and child support, or are they the same ones as for permanent? Thank you for your help.


#2

You need to file for all claims (temporary and permanent issues) in one complaint. There are no different forms or requirements to file for temporary issues. When you state your claims in your complaint for child support and child custody, simply state that you are seeking temporary child support, permanent child support, temporary custody, and permanent custody. PSS is automatically a temporary issue as there is no such thing as permanent PSS.


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.


#3

Could you clarify a procedural question please? Here is my understanding. I initiate my complaint with all issues, both temporary and permanent included. After receiving notice that he has been served, I file that with the court and can schedule hearings on the temporary matters. When I am given a date, I have to send STBX notices of hearing for these matters. My confusion is over the civil summons and 30 days to respond. Is that for permanent issues, or am I missing something here?

I guess my confusion is, if the civil summons allows for 30 days to respond, but I can get on the docket in less than 30 days for my temporary issues, how can these both be? They seem contradictory.


#4

NC law allows for a defendant to a complaint to have 30 days to respond to the complaint against them. However, it is correct that you can get court dates prior to the 30 days having run. Oftentimes there will be hearings on the temporary issues before the defendant has filed an answer to the complaint.

An answer allows for the defendant to formally respond to the allegations against them, and gives them a chance to file a counterclaim against the plaintiff. This is not a requirement in order to have a hearing on a temporary issue.

The most important thing is that the defendant has been properly served and that the Notice of Hearing is sent to the address where the defendant was properly served with the complaint.


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.


#5

Got it, and thank you! I had an idea it was something along those lines.


#6

Just to be sure, please make sure I have this down correctly.

  1. File complaint with all issues, including temporary ones.

  2. Have STBX served and file proof of service with court.

  3. File motions of temporary matters and request hearings.

  4. Send Notice of hearings to STBX.

  5. Head to court.

I know there is alot after that, but that will get the ball rolling, correct? Also, after we get a ruling on a particular issue, is it effective immediately or does it have to wait for an order to be signed? If we are both pro se, can I write my own orders? And just in case things go like I want, can I prepare orders in advance or is that considered rude?


#7

Your sequence of events is correct, but don’t forget in #4 to also send your spouse copies of any filed motions.

A ruling announced by a judge in court is not effective until it is signed by the judge and file stamped at the clerk’s office. Oftentimes, orders announced by a judge after a hearing can be handwritten, signed by the judge and file stamped right then.

You can write your own orders and you can prepare them in advance. Is it not rude to prepare them in advance, however, judges may announce in court their Findings of Fact, and it would be impossible for you to include that on your own ahead of time. Some judges may draft their own orders if both parties are pro se, but that is the individual preference among the judges.


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.