Rebuttal Affidavit

North Carolina Divorce Law Divorce and Separation Answers
1

Well after 5 years of separation and almost 3 years of divorce we are in court for custody of our almost 8 year old. We have failed in mediation and now we have a temporary custody trial scheduled. All affidavits are submitted on both sides. Except my ex didn’t submit one. I think maybe he was waiting for mine so he could do a rebuttal affidavit…

Questions:

Could he have done an affidavit anyway? (he is the one sueing).
Is it fair that he can rebute mine, but I can’t rebute his rebuttal?
Does anyone know where I can find a sample rebuttal affidavit?

2

If your spouse has not submitted and served you with his affidavit within in the allotted time frame under your county’s local rules (usually ten days prior to the hearing) you may object to the same on the basis that is was not timely.
The hearing will allow you time to testify in response to any rebuttal he has submitted against your affidavit.