I live in NJ with son and am being served divorce papers from NC. Nothing is included about our son. How do I respond and include our parenting agreement? Do I have to mail my response back to the NC court and how do I do so?
If you want to make a claim for child custody, then you would file an answer to the divorce complaint and include a claim for child custody with your answer.
However, it sounds like the issue of child custody is already resolved in your situation since you have a parenting agreement. In that case, you do not need to include the parenting agreement in the divorce action. The parenting agreement results from a different file number and is completely separate from the absolute divorce action.
You have 30 days from the date you were served with the divorce complaint to respond. If you are not contesting the divorce and you do not have any claims for equitable distribution or alimony, then you can let the 30 days expire. The other party will calendar the divorce after the 30 days passes and the divorce should be granted on that court date.
If you have claims for unresolved equitable distribution and alimony, you must make those claims now, in your answer, prior to the absolute divorce judgment being entered. If they are not made by the time the absolute divorce judgment is entered, you will lose all rights for the NC courts to equitably divide the marital property and all rights to an alimony award.
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.