Wife had child during separation period & Moving


#1

Hello,

I have two short questions while filling out the divorce complaint form. The more important one regards question 7 and minor children. During the separation period (still legally married), my wife had a child with another man. Does this child need to be listed on the complaint for absolute divorce?

Second question, she will be moving out of the state in about a month. While filling out the paperwork, I am listing her current address and that she is a resident of NC but during the court hearing she will be living in the other state. Are there any complications that could arise from this?

Thanks,
MD


#2

No, you do not need to list any children that are not yours on the divorce complaint. You will need to state that “the parties are the natural and biological parents of [the number of children] minor children” and give their full names and dates of birth rather than saying that there were children born of the marriage.

You only need to put your wife’s current county of residence at the time that you sign the complaint and file it. It won’t pose any problems if she later relocates out of NC.


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.