Rushed Divorce proceedings; Custody, etc


#21

Hello again🙂,

I have a question (or questions) regarding using text messages. I recently contacted the parent company of my (and my spouse’s) cell provider to see about subpoenaing for text messages. The representative informed me that not only does the company not store the actual messages, they charge a fee for the amount of logs requested. So, I wouldn’t be getting any actual records of dialogue- just records of when a text was sent, and from what number. AND I’d have to pay over $30 for the service, plus $10/month requested. None of this even includes the cost of filing the subpoena! So what is the point of doing this if this is true?

Also, I read somewhere that using text messages can be helpful to a case, but it looks rather suspect if all I do is either bring my phone to court and show it to the judge, or print out the texts in PDF format from my phone, because I could be accused of tampering or altering messages and what not. Therefore, records from the actual phone company/carrier would be required. But again- if the above is true (they aren’t required to store actual messages)- then what am I to do if I want to use texts as evidence?


#22

Sometimes just having the log of text messages sent and received and from what numbers can help prove a point in court, and sometimes this information is included in the bill.

It is acceptable to take screenshots or pictures of text messages or to print out certain text messages. Make sure there is a date stamp on the text message that would show when it is sent/received.


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.


#23

Hi, Anna! Quick question…In sending opposing counsel copy of my counterclaim in certified mail, do I attach a summons and a verification?


#24

A civil summons is not needed for a counterclaim and a counterclaim does not need to be mailed certified mail. A counterclaim does need a verification.


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.


#25

Good morning, so a temporary custody order and schedule is in place, as is the order for support. A new hearing for a permanent support order will take place in November.

Our date of separation is Nov 17, 2017, which means I can file for divorce next month. Since the 17th this year is a Saturday, I guess I have to wait until the 19. How long will the process take from filing to the time it is absolved?


#26

That is correct that you will have to wait until Monday, 11/19 to be able to file your complaint for absolute divorce. While you can prepare the complaint ahead of time, note that you cannot sign the complaint until after 11/17 has passed or your claim for absolute divorce will not be valid.

Assuming no issues with service on the other party, it typically takes about 2 months from the time of filing the complaint for absolute divorce until the absolute divorce is granted by a judge.


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.


#27

It has been brought to my attention that my ex has violated the temporary custody order. I found out through my children that her supposedly ex-girlfriend was back at her apartment spending the night while the children were there. According to the order, neither of us are to have any romantic overnight guests while in custody of the children. I have no proof beyond the corroboration of the kids’ stories- and they wouldn’t all “imagine” something like this happening (I questioned them separately after my 5-year-old spilled the beans). What are my options?


#28

My apologies for the double-posting. I try to include all of my questions in one post so that you won’t have to read a bunch of messages, but I forgot to add this question. If I want to change the custody order (it is currently temporary), should I add it to the “claims for relief” in the divorce packet? Or should that be a separate filing? We currently have joint legal custody with me having the final decision-making authority in the event of a disagreement. That seems like something I should be satisfied with, however, I think it best (based on the the fact that my ex cannot seem to control her lifestyle choices and is willing to violate the court order in place to suit her own desires) that I have full legal custody.


#29

You can file a contempt motion (called a motion and order to appear and show cause) against your ex but your only evidence would be from your children. That means that in order to prove that your ex had a romantic interest spend the night while the children were in her custody, you would have to put your children on the witness stand since they have personal knowledge.

You are probably better off to confront your ex and letting her know that you know she is in violation and threatening to file a contempt motion if it happens again.

As long as you have a custody claim pending (which you most likely do if the only custody order you have is a temporary custody order), then you do not need to file a new claim for custody when you file the absolute divorce. To be heard on the custody claim, you simply need to schedule it for a court date by filing a notice of hearing and any other local forms your county uses to calendar court dates (for example, in Wake County, you must also have a Calendar Request form).


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.


#30

Dear Mixedmess,

I have read your posts with some interest because my situation bears some similarity to yours.

You mentioned in recent posts that you have a temporary custody order and that a permanent order would take place soon. Without getting into personal information, may I ask if you got the custody arrangement that you want? If so, what did it take to convince the judge to go with the arrangement that you wanted as opposed to the arrangement that your spouse wanted?

Thank you.


#31

The ruling went in my favor. My ex aired as much dirty laundry as she knew how, but it didn’t do her any favors, as I and my attorney were able to show that I was more competent as a parent. We couldn’t prove she was unfit, but we showed enough (and she told on herself via her testimony) that her decision making is questionable and that it’d benefit the kids for me to have them more during the week. Pictures, text messages, videos, what the kids have told me (without me digging info out of them) have all helped.


#32

Thank you for your reply. It was very informative. All the best to you.


#33

Glad it was helpful! I know how rough this period of time is. It will get better though. All the best to you as well! God bless.


#34

Would I be able to file for divorce as indigent like I did when filing for custody?


#35

It’s possible that you could file for absolute divorce as an indigent. You would need to fill out the appropriate forms at the clerk’s office in order for eligibility to be determined.


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.