:)

[terri01p]

 

[wdwfan16]

Call the courthouse and ask them the question.

I would pool my money to get the $400 to get away while he does not want to contest the divorce.

 

[terri01p]

 

[chicagodisneyfan]

$400 is cheap! Put it on a credit card if you have to - but do it.

It sounds like a bad situation - I would pay it just to have some peace of mind.

 

[Tuffcookie]

I can't believe I'm suggesting this but do you have something you can pawn to get the money? It just seems like $400 would be a deal to get this person out of your DD's life!

TC

 

[terri01p]

 

[pilotwife_02]

Do you have a law school or county college around that has a paralegal program around that has a free law clinic for people who can't afford attorneys? Perhaps they can help you fill out the paper work for free.

 

[terri01p]

 

[mickeyboat]

google "pro se divorce NC (county you are in)"

Here is a link to Cumberland County. I also quickly saw one for Durham County. There is a packet you can request.

http://www.nccourts.org/County/Cumberland/Courts/Family/Divorce/Default.asp

There should be forms and instructions for you to do the divorce yourself. I am not sure what the filing fees will be, but they should not be too much.

ETA - Legal Aid does a pro se divorce clinic monthly in Durham County. You could check with other legal aid groups for other areas of the state for something similar.

http://www.legalaidnc.org/public/Learn/Locations/Offices/Durham/CommunityEdClinics.aspx

Here is what looks like another helpful resource:

http://www.lawhelp.org/nc/

 

[kellyg403]

OK, not knowing where you are in NC or not being a lawyer myself my suggestion is for your dd to go to the courthouse herself, in person, and ask if she can file the paperwork herself without a lawyer. It will still be 250.00 to file because that is a court fee, but there is a possibility that she will be able to file for help with that as she has no job and wants to get this done while he is in jail. Indigancy? I think is the word, but can't remember. In our area we do have a Woman's Advocacy place that is part of the Women's Shelter that will also direct people to the right attorney's pro bono.

This is not something you want to really mess around with without having legal help. There are so many things, so many reasons why the paperwork could end up not being what the court is looking for. As in, he is jail, but he has a right to answer the proceedings, etc etc.

I HTH a little. Again, advice from an attorney..look for one with a free one hour consultation...there are some that will do them and even direct you on how to file your paperwork. I would not personally file anything online without speaking to attorney first. Your sil may be an inmate but he will still have rights. If you think he will be upset/mad or whatever it will be best to have help doing it right so it doesn't bite you later.

Kelly

 

[SamRoc]

Yes my friends husband did their divorce online. He is really very smart and got all the paperwork online. They were married 11 years and at first everything seemed to be ok. Until he stopped paying child support and alimony and took off with his new girlfriend. Then my friend had alot of problems. She had to get a lawyer who was actually a family friend to help her as she had no money, raising a kid on her own and paying all the bills. It can be done online, but in my friends case it wasnt successful.

 

[legalsea]

I am not a NC lawyer however I did a quick look at the North Carolina General Statutes covering divorce (Chapter 50). I find no prohibition to acting as your own attorney (‘pro se’ is the term).

Here is a link to Chapter 50:

http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bychapter/chapter_50.html

It is a common practice for the employees of courts to not give out any legal advice whatsoever.

I actually have no qualms about your daughter doing her own divorce. A ‘plain vanilla’ divorce is very simple. If she appears in front of the judge and he or she finds some problem with the papers, he or she will usually tell her what she has to do to correct it.

File the petition for divorce, containing the language mandated by Chapter 50 (residency, no children, etc).

The husband must be served notice. I imagine that either your daughter will pay the fee to have him served in prison or, if NC allows, she may mail him a notice and have him sign and return for submission to the court.

Here is another link to information that may prove helpful form the North Carolina Family Law Center:
http://www.divorcelawinfo.com/states/nc/northcarolina.htm

One of their statements: “It is not advisable to represent yourself if you have a contested custody matter, you have substantial property, or there is a dispute over pension rights. Self-representation is a process that works best for those with routine and uncontested legal matters and for those who can master the steps necessary to get from filing the complaint through the final hearing. An example is an uncontested divorce or a child support modification where the child support obligation for each parent is determined by statute.” (emphasis mine)


I hope this helps some.

 

[Lunchlady]

I live in NC also. I filed my own divorce papers myself. Lucky the ex's girlfriend used to work for a lawyer and got all the forms for me! I am sure that they would be online now. This was 19 years ago. The only trouble I had was the ladies in the clerks office. They seem to frown on you doing this BUT it is MY money I'm saving. A family member filed her own in TX a couple of years too.Good luck! I know it can be done.

 

[kellyg403]

I am not a NC lawyer however I did a quick look at the North Carolina General Statutes covering divorce (Chapter 50). I find no prohibition to acting as your own attorney (‘pro se’ is the term).

Here is a link to Chapter 50:

http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bychapter/chapter_50.html

It is a common practice for the employees of courts to not give out any legal advice whatsoever.

I actually have no qualms about your daughter doing her own divorce. A ‘plain vanilla’ divorce is very simple. If she appears in front of the judge and he or she finds some problem with the papers, he or she will usually tell her what she has to do to correct it.

File the petition for divorce, containing the language mandated by Chapter 50 (residency, no children, etc).

The husband must be served notice. I imagine that either your daughter will pay the fee to have him served in prison or, if NC allows, she may mail him a notice and have him sign and return for submission to the court.

Here is another link to information that may prove helpful form the North Carolina Family Law Center:
http://www.divorcelawinfo.com/states/nc/northcarolina.htm

One of their statements: “It is not advisable to represent yourself if you have a contested custody matter, you have substantial property, or there is a dispute over pension rights. Self-representation is a process that works best for those with routine and uncontested legal matters and for those who can master the steps necessary to get from filing the complaint through the final hearing. An example is an uncontested divorce or a child support modification where the child support obligation for each parent is determined by statute.” (emphasis mine)


I hope this helps some.

That is good to know about the judge helping you if something is wrong. I didn't file the paperwork myself because I was worried something would be wrong and I wouldn't understand! That is really good information too about the examples who this type of thing works best for!

Kelly

 

[terri01p]

 

[TEENEE]

I filed on line and we had 2 kids and a house. After I filed my ex and I had to meet with a mediator. We hashed out a few things we didn't see eye to eye on with the mediator and she presented everything to the judge. We never stepped foot in the actual court room and never met the judge.

 

[mickeyboat]

Thanks for all the responses : to answer a few questions we are in the Charlotte area.

The main reason we would like to file papers ourself is that there is nothing to share between them, no children, no property, she already has her stuff he has his and we would like to get this done while he is in jail so we can reach him and not have to hunt him up...etc

Try this

http://www.lawhelp.org/NC/StateChan...e.gif/iTopicID/766/bAllState/0/ichannelid/122

 

[terri01p]

 

[mickeyboat]

Mickyboat..... BINGO !!!!

OH MY GOODNESS THANK YOU ! Called these folks and they are sending my dd out paperwork to fill out, with her situtation 160.00 and this is a done deal!!!!May not even be that much...thank you so much for the help. We were at such a loss on what and where to turn. What a load off our minds!!

Glad I could help. Good luck!