Suppliment or modify Divorce help!


#1

I am a legal assistant the helped a friend of mine file for an uncontested Absolute Divorce in Polk County NC that was granted last month by the clerk. My friend then gave bitrh to a child in South Carolina this month and SC has a rule stating that unless it was stated in her divorce decree that her husband (whom she was seperated from) didn’t concieve the child and gives up his legal rights then… he is the legal father. The ex-husband and wife get along and are on good terms, but mom wants biological father to be on birth certificate and ex-husband doesnt want to have to be liable for child that isn’t his. How do I go about amending their divorce to add the proper language? Do I need to file a motion to modify the divorce and then a consent order or can I file just a supplimental consent order??? I have heard both… please advise…


#2

I cannot help you engage in the unauthorized practice of law, so I want to be clear that I am not advising you on how to do so.

If others on the forum are experiencing a similar issue, and need to make changes to an already issued divorce decree, I would suggest calling the clerk of court. You will need to provide the file number and they will let you know what legal documents are required to effectuate the change. The process is different for clerical mistakes than it is for making substantive changes to the decree.


#3

I’m not engaging in unauthorized practice of law, I do happen to be the biological father of the child as well. I made sure that their Divorce was entirely Pro Se and that they had gone thru the self-help center to understand the processes, forms, and that I am not an attorney nor can I give any legal advice. I just provided the forms and filing instructions. They are wanting to get this matter resolved pro se as well, without involving DSS or legal expenses since we are actually all on good terms.