Jurisdiction involving previous ruling

[erimikos]

What is the name of your state? Michigan.

I need help with another question.. In filing my "Complaint for Divorce" in Michigan state, section 5 of the downloaded form reads:

5. Jurisdiction: This court is that of proper jurisdiction to hear this cause. The Defendant has agreed to file an Affidavit of Concent in this cause. Neither the Plaintiff or Defendant has been involved in any litigation or other proceeding involving the other party in this or any other jurisdiction with respect to their marraige or any other domestic matter.

First: Affidavit of Consent? wouldn't that simply be getting her notarized signature on the Complaint for Divorce?

Second, and more important: My main issue with this is there was a custody order previously completed in the state of Noth Carolina. This was when the child was too young for things such as summer visitation, so it reads completly different then what we... I need. I am not sure how I can file given that paragraph.. Simply re-write it with the case information and where the case was from, attaching a copy of the judgement

My other option, is to have her file in NC... Would it be possible for me to fill out the paperwork as if she was the one doing it, then get our notarized Signatures, and file it through the mail as sent from her?

I am just trying to figure out my options here.. and am not entirely sure what to do. I just want to get this resolved as soon as possible as we are both trying to move on in our lives and this is the last thing holding us back..

Anyway, thanks in advance for any help.

Dennis

 

[LdiJ]

What is the name of your state? Michigan.

I need help with another question.. In filing my "Complaint for Divorce" in Michigan state, section 5 of the downloaded form reads:



First: Affidavit of Consent? wouldn't that simply be getting her notarized signature on the Complaint for Divorce?

Second, and more important: My main issue with this is there was a custody order previously completed in the state of Noth Carolina. This was when the child was too young for things such as summer visitation, so it reads completly different then what we... I need. I am not sure how I can file given that paragraph.. Simply re-write it with the case information and where the case was from, attaching a copy of the judgement

My other option, is to have her file in NC... Would it be possible for me to fill out the paperwork as if she was the one doing it, then get our notarized Signatures, and file it through the mail as sent from her?

I am just trying to figure out my options here.. and am not entirely sure what to do. I just want to get this resolved as soon as possible as we are both trying to move on in our lives and this is the last thing holding us back..

Anyway, thanks in advance for any help.

Dennis

Well..one issue that is important:

If the child is living with mom in NC and the original custody order was done in NC, then NC has jurisdiction for all matters related to the child. Therefore you would not be able to include any child custody or visitation matters in a Michigan divorce. You would have to handling modifying custody and visitation in NC.

Therefore, it might be more practical to have mom file for divorce in NC.

 

[erimikos]

Would it be possible to file for a divorce here and simply not mention the child in the proceedings, and then revisit the custody issues in a seperate case in NC?

I am supposed to be moving in with someone fairly soon, and want to get the divorce completed as soon as possible.. If i wait on mom to do it, it could be awhile.

 

[LdiJ]

Would it be possible to file for a divorce here and simply not mention the child in the proceedings, and then revisit the custody issues in a seperate case in NC?

I am supposed to be moving in with someone fairly soon, and want to get the divorce completed as soon as possible.. If i wait on mom to do it, it could be awhile.

Yes, you can do that...but it won't necessarily get you divorced any quicker, (unless mom would cooperate 100%) and its certainly not necessarily practical.

 

[rmet4nzkx]

If you have been separated and living apart 1 year and your ex has been a resident on NC for at least 6 months, either of you may file for an absolute divorce, this does not require custody or settlement proceedings and your divorce may be complete in as few as 60 days. This may have an important advantage since there are already custody orders. Please be advised, NC has laws re cohabitation and while NC may not have personal jurisdiction over you it may adversley affect your custody down the line so better to have your divorce complete before cohabiting.

 

[erimikos]

So either of us can file for this in North Carolina even though I do not live there?

Also, I read something about the possibility of waiving the waiting time if I can get the spouse to agree to it. Is there a form or something that we can complete for that? I looked for a form, but could find nothing..

Thanks again for all the help, it is truely appreciated.

 

[LdiJ]

So either of us can file for this in North Carolina even though I do not live there?

Also, I read something about the possibility of waiving the waiting time if I can get the spouse to agree to it. Is there a form or something that we can complete for that? I looked for a form, but could find nothing..

Thanks again for all the help, it is truely appreciated.

I think that she would have to be the one to file in NC.

 

[rmet4nzkx]

So either of us can file for this in North Carolina even though I do not live there?

Also, I read something about the possibility of waiving the waiting time if I can get the spouse to agree to it. Is there a form or something that we can complete for that? I looked for a form, but could find nothing..

Thanks again for all the help, it is truely appreciated.

Accornig to statute either party can file, one of which will have to prove their residency.

 

[BelizeBreeze]

And WHAT, if anything, does the North Carolina order state as to "RETAINING JURISDICTION"?

 

[erimikos]

That is a good point, BelizeBreeze. I didn't think to look at that. I talked to her, and I she said that she will file the papers. So, I have filled out all of the paperwork for her so that she will have everything she needs when she goes to the court to file. I am going to send the packet to her along with a $90 money order made out to the court to pay the filing fee. She should just need to get some things notarized, sign some things, and turn them in to start the process. They are all filled in exactly as they would be if she had done them. (without signatures and such of course.. I don't think I want to experience the joys of prison. lol)

You know.. It is a really strange experience to fill out a summons for myself though.

This just leaves me with one question.. Any suggestions of any ways that this could all be completed faster? I am hoping to be moving in with someone around 2-3 weeks after christmas, but know that I need to have this finished first, to avoid potentially nasty problems.

I really do appreciate all the help I am getting on these forums. They are making things a LOT eaisier for me.. and a LOT less confusing.