My STBX and I are seeking an amicable divorce, where I will file the paperwork. I’ve read through the self-help packet on the site, and I have just a couple of procedural questions:
We have a separation agreement that we wish to incorporate. Do I need to modify the sample complaint to include an item mentioning the existence of a separation agreement, or should I just include the separation agreement in the documents I hand to the clerk? Or something else? Should I do the same for the sample absolute judgment of divorce?
I plan to hand him the complaint after it is officially filed and he has agreed to sign an acceptance of service form. I’ve read in several other topics in the forum that there is a way to waive the 30-day time period for him to file a response. Is there a form available for that? If there’s not, and he’s willing to file an immediate response admitting all counts of the complaint, does he have to be the one who physically files it, or can he get it notarized and then have me file it for him? It’s much easier for me to get out of work to do that than it is for him, but I want to be clear on if it’s acceptable for me to bring his properly notarized paperwork in and file it for him or not.
Since I am planning to hand him a copy of the complaint and he is planning to sign the acceptance of service form, do I need to prepare the Civil Summons to be included?
It appears that on the Forms page there are several versions of forms that have the same name. Which ones are the most appropriate ones to use (for example, the Judgment of Absolute Divorce form is listed twice in two very different formats)?
You must include a request in the “wherefore” section of the complaint for the Court to incorporate the separation agreement. You should also include in the body of the complaint that “Plaintiff and Defendant entered into a separation agreement on _____ date” and state that it is attached to the complaint as Exhibit A. Then attach a copy of the separation agreement to the back of the complaint and label it as Exhibit A. The absolute divorce judgment must include in the “order” section of the judgment that the separation agreement is incorporated into the judgment. The judgment must also have a copy of the separation agreement attached to it.
You have to wait 30 days to schedule a court date unless your husband (the defendant) files an answer admitting all allegations. While there’s no requirement about who must file paperwork at the courthouse, it would be better practice if you, as the other party, did not file it for him. Clerks offices can also receive filings in the mail.
Yes, you still need to prepare the Civil Summons and present it with your complaint at the clerks office.
This is the Absolute Divorce Judgment that you should use. Do not use the Absolute Divorce Judgment Before the Clerk form since you will be requesting a court date and asking the judge to incorporate your separation agreement.
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.
Thanks, Anna. I really appreciate your help. I have another question (hopefully the final one). On the Notice of Hearing form I downloaded from this site, it notifies me on the back that all uncontested divorces without incorporation of separation agreements can be handled by that form. Is there a different form or template for the Notice of Hearing that I would complete because I am seeking to incorporate a separation agreement? Thanks again.
This depends on what county you are in. For example, Wake County has a special court session each week devoted to absolute divorces in which neither party is seeking to incorporate a separation agreement. For those that are wanting to incorporate a separation agreement, the regular Domestic Notice of Hearing must be used because those matters must be heard before a family law judge in family court (this is separate from the absolute divorce session).
Check with the clerk’s office in your county to be sure of the appropriate way to schedule a court date for your absolute divorce.
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.
Yes, the Wake County forms can be found here. Be sure to use the “DOM” forms (domestic).
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.