- posted: Jun. 18, 2024
Divorce can be a difficult experience, but there is consolation in knowing that once the legal process is concluded, you receive an order dissolving your marriage so you can move on to the next chapter in your life. However, residents of four North Carolina counties recently received notice that the divorces they thought they obtained through the state’s eCourts system might not be valid. This could put them at risk of violating the law if they marry someone else without the problem being rectified.
The state introduced an online filing system in Lee, Johnston, Hartnett and Wake counties that was supposed to make things easier for state residents looking to complete a do-it-yourself divorce. Unfortunately, according to Richard Waugaman of Campbell University’s Family Law Litigation Clinic, the forms posted online did not include notarization blocks, which are required under state law. The western part of the state, including Buncombe and Henderson Counties, are in the process of transitioning to eCourts during the summer of 2024.
In response to the discovery of the faulty form and its implications, efforts are underway to mitigate the impact on affected individuals. Court officials are working to identify cases where the erroneous form was used and to assess the necessary steps to address the issue. While the people should be able to refile using proper forms, going through the legal process once to end a marriage can be rough enough. There’s no reason you should have to do it twice.
Consulting with an experienced divorce lawyer is the best way to avoid complications as you look to make the transition to single life. The eCourts problem is a stark reminder that divorce is not just the end of a romantic relationship but a formal legal matter that requires strict adherence to the applicable North Carolina statutes. Even if your breakup is relatively amicable and there is no disagreement over financial or parenting terms, it is important to have a skillful legal advocate representing your interests. One mistake made because you weren’t completely clear about language in the settlement agreement or because you just wanted to get everything over with could haunt you and your children for years to come.
The Moore Law Office, PLLC in Asheville offers strong family law counsel to North Carolina clients tailored to their particular needs. Whether your divorce is uncontested or highly volatile, we’ll pursue a resolution that puts you in the best possible position to move forward.
