Johnston County Process


#1

Hi, My ex and I are doing an amicable DIY divorce. We have the Custody Consent, Seperation Agreement and Property Settlement and QDRO prepared and agreed upon. We have been separated for about 10 months and want to get the legal process started. Where do we start? We think we need to get 3 copies of the documents notarized and filed with the courts, but we aren’t sure. Can you detail where we start?


#2

You will not file the separation agreement. This is a contract between you and your spouse and the courts are not involved.

If you mean you have a custody consent order executed, you can have that filed now. To do that, you will first need to file a Friendly Complaint for child custody and equitable distribution. Contemporaneously with the complaint you can submit the custody consent order to the judge for signature and entry of the order (this is done without a court date). You will file for equitable distribution in the Friendly Complaint so that the QDRO can be submitted to the judge for signature and entry of the order. Make sure the QDRO has been approved by the plan administrator first.

When filing with the court, you will need to submit one original (for the court to keep) and at least 2 copies.

You can file a complaint for an absolute divorce after you’ve been separated for one year. Note that filing fees for the Friendly Complaint mentioned above are $150, and a complaint for absolute divorce is $225. You can combine your Friendly Complaint and absolute divorce action into one complaint for filing fees totaling $225 (instead of paying 2 filing fees). The downside of this is that you would not be able to have a custody consent order or QDRO entered right away.


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

Thank you! What is the process for filing the custody consent order and qdro? Do I just show up at the courthouse and talk to the clerk? Do I need an appointment? Thank you? Fortunately I’ve haven’t spent much time in a courthouse!


#4

Once the complaint has been filed, you can submit the consent order and QDRO to be signed by a judge. You do not need an appointment. In Johnston County you can give your orders to one of the deputy clerks in charge of civil domestic court who will make sure the orders get to the judge for signing and entry.


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

Is it possible to get a custody consent order signed by a judge prior to filing for divorce?

Any pros or cons to doing this before filing?


#6

Yes, you can have a custody order signed at any time, whether before or after filing for an absolute divorce.

There is no advantage or disadvantage to having a custody order entered before filing for an absolute divorce. The two issues are treated entirely separately from one another.


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.


#7

Thanks for the reply. Where do I actually go to file the custody order and get the judge to sign? Do I need an appointment? Without having the divorce complaint filed yet I wasnt sure if I there would be access to a judge to sign it. Do I bring a notarized copy, or multiples? Do both of us need to be there or just one of us? Anything g else you can tell me about the process? The court was not very helpful as they couldn’t tell me anything.


#8

In order to have a custody consent order signed, there must be a complaint for child custody already filed. You can file this now, or you can wait until time to file the absolute divorce complaint (and you will only pay the filing fees once). Note that you can file the complaint on the same day that you submit the consent order for signature by the judge.

You will not file the consent order, rather it must be submitted to the judge first. You can give your consent order (that has been signed by both parties) to one of the deputy clerks in charge of civil domestic court (located in the clerks office, which is inside the courthouse) who will ensure the order gets to the judge for signing and entry. You do no need an appointment for this.

You will need one original order with both parties’ notarized signatures and 2-3 copies. You will get the copies of the order back once the judge has signed them and they are filed.

Only one of you needs to be present to submit the consent order and the copies to the clerk to get to the judge. The orders will not likely be signed on the same day, so you will need to check with the clerk about how they will notify you that the order has been signed and entered (i.e. they will call, you need to check back, they will mail to you).

Make sure that once you have the consent order back with the judge’s signature, you will need to file a certificate of service with your signature which signifies that you mailed a copy of the order to the other party.


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.