Legal Question in Family Law in North Carolina
doing my own divorce work
I would like to know if I can file my own divorce. I am a legal assistant, so I have some knowledge of the law. What forms would I use? My husband abandoned me over a year and a half ago and I would like to file, but because of his disappearance, I am handling the bills on my own and have no money. We do own a home in another state and I wonder if I can request a hearing wherein I ask the judge to award the house to me. Can someone out there help me?
1 Answer from Attorneys
Re: doing my own divorce work
You ask first can you file your own divorce in NC? Yes you can.
You then ask what forms do you use. That tends to
indicate you are not really in a position to do your own
work. However, you can go to the clerk of court and ask for
any divorce file and purchase copies of
pleadings which you can then tailor to your own
situation. You will also need to make certain you have
good service and that you are prepared to address
the relatively few questions needed to present you case in
divorce court. Depending on the judge you
will get coaching and encouragement or you will
be treated as a pro se person trying to practice law
without a license and then have the divorce denied.
If you have questions regarding real property you have
entered the arena of equitable distribution
and you really need a lawyer for ED actions, you are
dealing with several issues which affect significant
property rights. In fact, you must know something about ED
before you even file for divorce.
I don't mean to be overly blunt, but
this bulletin board and others sometimes
calls for general information and tips about
the law and that's fine, but I have to be careful
when I am asked how to do certain specific tasks.
It's not so much that is "free lawyering" but
that if you do something and you lose and someone says
you shouldn't have done it then you may feel , well, that
lawyer so-and-so on the web said yadayada and I relied on him
and I'm hurt so I think he did malpractice. It is
a growing concern in the community.