QUESTION

Can a judge make you reimburse divorce filing fees?

Asked on Nov 18th, 2014 on Divorce - North Carolina
More details to this question:
This is my 1st marriage and her 3rd. So I'm new to this. We had a prenuptial, and have been separated a year (NC requires being separated for 1 year). To sum it up. I work, she doesn't. Well, she has 2 Masters Degrees and advertises on back page and gives body rubs. So she makes money. She's just trifling and tries to get everything for nothing. In the complaint line 7 "Plaintiff acknowledged that she is not demanding of Defendant alimony or equitable distribution, other than reimbursement of expenses related to the filing and processing of the divorce complaint, the amount not to exceed 500.00. She acknowledges that unless such claims are asserted by one or the other or both parties before judgment is entered on this complaint, she is forever waiving and discharging any claim against defendant for alimony and/or equitable distribution by obtaining an absolute divorce. "If she has no provable income she could have gotten the filing fees waived. Correct or incorrect? Being that we had a prenuptial and weren't married but a few months. I don't plan on going to the divorce hearing.
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1 ANSWER

Child Custody Attorney serving Raleigh, NC at Palmé Law Firm, P.A.
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I don't think so. Even if a judge has the authority to award costs in a Divorce, it is highly unlikely to happen. I have never seen it happen in an absolute divorce. In order to get the filing fees waived, she would have to apply for a waiver based on indigency. That paperwork would be in the court file.
Answered on Nov 20th, 2014 at 5:15 PM

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