Originally posted by Jenn611
I have lived in NC over a year now. I still have a hard time with the laws here. I'm from Georgia and the divorce laws are very different. I have been seperated from my ex for over 2 years now. We have a son together. We never got divorced because there was no issues and we just never did it. I am ready for a divorce now and he wants to marry his current girlfriend. I just have a few questions. Since we are both agreeing to this I thought I would save us some money and do this myself. He lives in Alabama. On the divorce papers I have it has no place for me to put anything about child custody. We never had a formal seperation agreement. I would still like to have this in the divorce papers in case anything ever comes up in the future. Also, if he is willing to sign these papers (I'm going to serve him by certified mail) does he just sign them and send them back to the court house or is there a form he needs to get from there to answer the complaint? If he doesn't send in his reply can I still get a divorce as long as I prove I served him by certified mail?
I am not sure if you still have to be “legally seperated” for a year in your case or not but I know that is usually the case in NC which is why I filed for a Florida divorce which is 90 days w/no seperation period! I lived in NC long enough to have my baby then I came back here to Fla long story. My soon to be ex lives in NC so that is why I post on here so i may get advice from a lawyer that knows NC laws…
You can still get divorced if he does not reply within so many days…just go after however many days he has and apply for a motion of default and have him served it.
Go to this link and download a custody custody paper ( do not the legal name for it sorry) and fill it out:
You may want to read up on divorce and custody incase he decides to make a fight out of it.
Email me if ya want…
No one wins in divorce only the Lawyers do!