Full question:
My spouse and I want a divorce. While separated she had a child with another man. When I file for divorce on my own, do I file no fault no children or no fault with children, along with the Affidavit of Denial of Paternity? Or is there another option you suggest?
- Category: Divorce
- Date:
- State: North Carolina
Answer:
The type of divorce you file depends on whether you want a divorce from bed and board or an absolute divorce after a year of separation. A divorce from bed and board can cite adultery as a fault ground. If you deny paternity, it may be inconsistent to claim you have children from the marriage.
In many counties, uncontested divorce hearings are scheduled regularly. Different judges may have their own procedures, so check with your local clerk of courts to understand the customs in your area.
If you and your spouse have lived separately for at least one year and agreed on all divorce terms, you can file for an absolute divorce. The court may grant the divorce based on affidavits and verified motions without needing to prove the grounds existed for six months prior to filing.
You can also include a paternity action in the divorce proceedings. However, we cannot provide legal advice. It’s best to consult with a local attorney who can review your specific situation.
Relevant statutes include: G.S. § 50-6 (divorce after separation of one year) and G.S. § 50-7 (grounds for divorce from bed and board).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.