Charlotte, NC asked in Divorce for North Carolina

Q: Can the date of separation be changed on a divorce judgement?

My husband and I separated. He stayed (on couch) one night about 6 months later when came to visit kids (snowed in). That one night date was entered in divorce judgement. Since divorce was done year later of even that date it didn't seem to matter so nothing was changed. When he left he left a financial mess. I am now a candidate for assistance for my mortgage but the time line of separation and divorce on paper isn't right and they are not able to help. Can we go back and amend that part so it's accurate? That one date could save my house. Thanks.

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1 Lawyer Answer
Melissa Averett
Melissa Averett
Answered
  • Chapel Hill, NC
  • Licensed in North Carolina

A: Maybe. It depends in part on how long ago the divorce was entered. You need to file a motion, pursuant to rule 60 of the NC rules of civil procedure to ask that the judgment be corrected. You will need to hire an attorney to get that done, there are no forms for that type of motion. If you can't afford an attorney, you can contact Legal Aid on the basis that you are trying to prevent a foreclosure. Legal Aid does not help with family law cases, but they do help with foreclosure issues, so you may fall in that category.

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