Notice of Pending Divorce with Children (no abuse)
A new and improved, actual justice system.
North Carolina requires folks to be legally separated for one year before divorce proceedings can even begin. If it only takes one trip to the courthouse to file a marriage certificate to be legally married, then it should also take very little effort to get a divorce.
For the one requesting the divorce:
1. Someone wants a divorce. There are children to be considered. There was no abuse listed on the Notice of Pending Divorce.
2. They file a NPD with the county Clerk of Court where they last resided with their spouse. They can do this in person or online. They include a flat fee in order to fill out this form. There is no refund if they change their mind.
3. They now wait.
For the Clerk of Court:
1. They receive the new Notice of Pending Divorce.
2. For walk-ins, they help the requester enter all of the pertinent information into the database.
If the NPD was filed online, the requester will immediately receive a receipt and a “Thank you for filing your NPD with Mecklenburg County” letter. “Your information has been processed. Mrs. Jones will be yours and your spouse’s case worker during this interim period. Your spouse has been sent a copy of their own NPD to pay for and fill out. They will not receive a copy of yours. They have up to 10 business days to respond.”
On day 11 (if not before but no later than):
A) Once both NPD’s are received, Mrs. Jones will research banking, assets, children claimed, employment, income from all sources, etc.
A1) If she finds any discrepancies between what either claimed and between the two NPD’s themselves, she will contact both filers for clarification and request additional documentation if necessary. This initial research process should not take more than 10 business days to complete on the part of Mrs. Jones. Once there are no discrepancies, each party receives an “Agreement to Divorce Request” letter to sign in front of a notary.
A2) If she finds no discrepancies, Mrs. Jones will submit her findings and the ADR to the next judge in the que to request a divorce.
A3) If the Judge has no questions or additional thoughts to consider, they will both receive a Notice of Divorce at the addresses (email and physical) they both provided.
B) If the spouse responds with a counteroffer, Mrs. Jones will send the requester a copy of the counteroffer. The requester has up to 10 days to respond. This back and forth continues until there is either an agreement or a deadlock. Each party has up to three times to make a counteroffer. If an agreement is made, A2 happens. If there is a deadlock, A2 happens. It will be up to the judge to decide what is “fair” and “equitable”.
C) If there is no response from the spouse, A2 will happen. The requests will be considered by the judge who will determine if the requester gets everything they want by default, or if more time needs to be granted to find the spouse.
D) If there is a custody battle (he said/she said), both parties are given a “What are all of the horrible things about your spouse, whom you chose to have children with and whom you now believe to be incompetent to continue being a parent for the same amount of time as you” form to fill out. This form will require definitive proof of the claims made. Lie detectors. Witnesses. Doctor bills. Psychology notes. NOTE: You have chosen to fill out the NPD w/children, without abuse. If you meant to fill out the NPD w/children and w/abuse, please discontinue filling out this form and fill out the correct form. There will not be an additional charge and the information you have already entered will automatically transfer to the new form.
D1) If there was no abuse toward you or the children, but you believe your spouse is now no longer competent to be a good parent, please let us know why based on facts, not emotions. You will need to provide proof of your facts.
D2) If your spouse had an affair and damaged your trust forever, we understand. However, if you want full custody to punish your spouse, realize this is not in the best interest of the children’s emotional and mental well-being or relationship with their other parent. It is also not healthy for the other parent to not be able to see children they love and have not hurt, even if the affair hurt you. We can provide counseling for this difficult time as, if punishment is your intent, you are yourself being abusive. The final ruling will be up to the judge based on the unique circumstances of your case.
If you have any questions, please contact Mrs. Jones to schedule your call or appointment. Make sure to bring any additional documentation that she may require. Her direct number is xxx-xxx-xxxx.
Mrs. Jones works for the county at the courthouse as a clerk. There are many such clerks who are given these assignments on a first come, first serve basis as their case load.
Hi! I’m MJ! And I’m a survivor of Domestic Violence. This blog, yes, is for other survivors of Domestic Abuse. However, sometimes I like to write about other learning curve events or thoughts in my life.
Through VictoryLife House, survivors can find Information to help them through the trauma they’ve experienced. Through this blog, I hope you also enjoy other random types of musings.
Life without abuse IS an option. Choose life!
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