quote:
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:
aoc.state.nc.us/www/public/html/cvforms.html
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…
SherryDoby1979@hotmail.com
No one wins in divorce only the Lawyers do!
Dear Jenn611:
Greetings. No, there is no place on the divorce complaint for custody, but you can file for child custody at the same time you file for divorce. You must make a claim for the same in the divorce complaint. If you need examples and are not going to retain an attorney, which I advise if you file for custody, you may want to do some research at the local law library.
Once you send him the Complaint and Summons by certified mail, he will sign the “little green card” and that is all he needs to sign. If he does not sign the return card for the certified mail, you will need to serve him by Sheriff in the county where he resides. Best of luck!
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668
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 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?