Multiple Questions


#1

I recently got served with a complaint for divorce from bed and board. I am not a resident in the state it was filed. I have also filed in my state of residency paperwork for a dissolution of marriage. Which one has precedence over the other? I already have a court schedule for my paperwork but there is no court schedule for what my stbx filed. Also, I have custody of our children order by a protection order, so can my stbx get custody of the children? In my stbx’s papers it states a request for permanent custody of the children but I already have been granted custody of the children by the courts in my state. Can another state issue an order of child custody? The children and I left due to my stbx’s constant anger and fear of physical harm. (The kids have been hurt by my stbx before but the police never did anything about it.) I don’t have employment right now and am not recieving any support for the children. Does that count as abandonment? My stbx has hardly been in the children’s lives at all and the papers that I was served with don’t even have the kids’ names and DOB right. Will the judge take into account that my stbx obviously knows nothing of the children if this thing goes to court? Sorry this is so many questions but I know that different states have different laws and am not sure how to handle all of this.


#2

Your ex’s claim for divorce from bed and board is not proper. That is a claim for a legal separation, and you are already separated.

You need to file an answer that denies jurisdiction. I recommend you contact an NC attorney to prepare this document for you to ensure you do not inadvertently submit to this state’s jurisdiction.


#3

Do you know what the cost is to have such a document written up by a lawyer? I have no employment and am taking care of my children with family assistance.


#4

It should not be very much, most attorney charge by the hour, and the document is fairly short and simple. For a referral in your area please contact our client liaison by dialing the main number and selecting extension 100.


#5

What would the fee be to have your law firm type it up for me? What documents are needed in order to have it done up?


#6

Please contact our client liaison to discuss fees. She can be reached by dialing the main number and selecting ext 100.