Old filing

Got married in 2008, had son in 2010, left and filed (thru an attorney) 2012 for divorce, custody, support. Have been separated since 2012, nothing ever resolved. Ran out of money to pay for more with attourney. Moved, had a baby 30 days ago.

Do I need to refile here or can the old filing be brought up and used? I just want divorce so I can fix second child’s paternity.

You will need to see if the original filing was ever dismissed or closed out in the clerk’s office. If so, and since you have moved and the original information in the complaint is now inaccurate, you can file a new complaint in the county in which you current reside.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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