URGENT... Written order

North Carolina Divorce Law Divorce and Separation Answers
1

The process for order submission can vary from county to county. To be safe you should submit your changes in writing directly to your spouse’s attorney. I would also contact the attorney’s office and ask for confirmation that they intend to contact you before sending the order to the judge. The attorney has an obligation to submit your objections to the judge along with their proposed order. You are free to send a letter directly to the judge with your requested changes to the order.

It is normal to include in the findings of fact specific testimony of each party.

You can request additions to the order, if the judge finds them to be reasonable based on the evidence presented in court they can be included. The judges routinely include a provision regarding the sharing of school records, even if that was not specifically requested in court. If the other attorney included something and you do not agree with it, you are free to notify the judge as to why you object to the inclusion of the language.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

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.

2

I thought i posted this yesterday morning but apparently i missed something and well now there is a deadline… blah blah blah.
Anyways…

Judge gave a verbal order regarding custody of kids. STBX’s lawyer sent the written order for my approval a month later and is only giving me 5 business days to make adjustments or the order “goes to the judge as is.” I have until Monday it seems to get the revisions in. I had a few questions…

1). Shouldn’t my version of the order to straight to the judge so that the judge can review both of our versions or since I am representing myself, should I be going through this process with the stbx’s lawyer and let him submit the final order to the judge?

2). Is it normal in these court orders for “testimony” to be given… example “plaintiff has a loving relationship with the children”… “defendant has a loving relationship with the children” There are others that I don’t like in the order but I don’t want to divulge too much information. (Long story again, you’ll hear all of it at some point and maybe it can help somebody out).

  1. Can you add things in the written order that were not discussed in court? Example, school records being disclosed to the non custodial parent or should that be stricken? It’s not that anybody is trying to be difficult, it’s that with everything that’s going on, the less information the stbx has about anybody the better for everybody. Too much damaging things attempted.

I think that’s it
Thanks and have a great Thanksgiving