Need a Divorce

[deanie-t]

***Not deanie-t - I am her daughter***



What is the name of your state? North Carolina.

My husband and I have been seperated for 14 months now, and we know a divorce is coming, but I have no idea what to do!

We were married in Texas. He lives in Louisiana, and I live in North Carolina. We have one 1 year old child between us. No community property. He wants a 'speedy' divorce so he and his girlfriend can get married before their daughter is born in July. He has not paid any child support to me. He says that until our divorce is finalized, he doen't have to. (I don't know how true that is) I have a few questions and here they go:

1) How do I start the process?

2) Will he be required to pay back child support for these past 14 months?

3) How would visitation work with us so far apart?

4) Can I legally change my daughter's last name to my maiden name without him 'signing over his rights'? And if so, how?

5) Is there any way to file indigent (sp) when filing for divorce? (I have no income - am living with parents)

6) How will the whole process take place with all the miles between us?

I know there's more, I just can't think of them right now. Any help will be greatly appreciated. Thank you in advance!

[LdiJ]

Originally Posted by deanie-t

***Not deanie-t - I am her daughter***



What is the name of your state? North Carolina.

My husband and I have been seperated for 14 months now, and we know a divorce is coming, but I have no idea what to do!

We were married in Texas. He lives in Louisiana, and I live in North Carolina. We have one 1 year old child between us. No community property. He wants a 'speedy' divorce so he and his girlfriend can get married before their daughter is born in July. He has not paid any child support to me. He says that until our divorce is finalized, he doen't have to. (I don't know how true that is) I have a few questions and here they go:

[QUOTE}1) How do I start the process?

By filing a petition for divorce.

2) Will he be required to pay back child support for these past 14 months?

Unlikely. Usually its only from the date of filing

3) How would visitation work with us so far apart?

The two of you will have to work out an agreement as to how visitation would work. If you can't come to an agreement then the judge will decide. If the judge decides most likely he will have to visit in your community for a while, and then eventually get visits in his own.

4) Can I legally change my daughter's last name to my maiden name without him 'signing over his rights'? And if so, how?

Without him signing over his rights, yes.....without his permission and agreement, no.

5) Is there any way to file indigent (sp) when filing for divorce? (I have no income - am living with parents)

Possibly. Check with the Clerk of the Court in your area.

6) How will the whole process take place with all the miles between us?

A whole lot longer than your husband thinks....if he thinks he is going to be able to get divorced and remarry before July, he is living in fantasyland.