30 day wait

North Carolina Divorce Law Divorce and Separation Answers
1

I just want to verify that if the stbx completes the defendant’s answer to divorce and the defendant’s acceptance of serivice I do not have to wait 30 days to request a court date. Do the documents have to be mailed or can they be hand delivered? If they are hand delivered what do I use as proof of service of process? In the package I received from the help center it states that when I file for a cout date that I must include the affadavit of service of process by registered or certified mail. Am I able to turn in the defendants papers once the are signed, or do they have to do that? If I am able to turn in the defendants papers can I then file for a court date at the same time? Does there have to be a time lapse or can this all be done on the same day? Can I turn in my petition, then have my stbx notarize his paperwork and then go back to the courthouse to file those papers as well as request for court date?

2

You have to wait 30 days unless the Defendant files a waiver of time to further answer. If an Acceptance of Service is filed you do not need to do anything to prove service was effectuated, and you may file the acceptance (the defendant’s signature on the same must be notarized) on their behalf.

After 30 days has passed you may request a court date, and show up with the decree for the judge to sign at the hearing.

3

Where do I get that waiver form from

4

The Defendant will have to create file one. An example looks like this:

NOW COMES Defendant, answering the Plaintiff’s earlier filed Complaint and says:

  1. That he received the Summons and Complaint, has read the Complaint and the allegations contained therein are true.

  2. That he waives any defect in service of process, all further notice of any hearing or action, his right to be present and heard and consents to this matter being brought before the Court at the convenience of Plaintiff in any manner allowed by law, and joins in the prayer for relief set out in the Complaint for entry of divorce.
    WHEREFORE, Defendant respectfully requests the Court to grant the following relief:

  3. That the Court dissolves the bonds of matrimony existing between the Plaintiff and the Defendant.

  4. That the Defendant’s time to answer Plaintiff’s Complaint and Defendant’s right to a minimum Notice of Hearing be waived, and

  5. For such other and further relief as to the Court seems just and proper.
    This is the _____ day of June, 2010.

                                                                   ______________________________

    Defendant
    123 Main Street
    Anytown, NC 12345

STATE OF NORTH CAROLINA
WAKE COUNTY

I certify that the Defendant ____________ personally appeared before me this day, and acknowledged to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated.

Date: ____________________ ¬¬¬¬ __________________________________

___________________________, Notary Public
(Notary’s printed name)

                                                             My Commission Expires: _________________
5

ok thank you. Am I able to turn in his paper this notice and request court date at the same time?

6

If he signs the paper before a notary, you may file it on his behalf if he consents, however I would suggest that he mail it to the clerk’s office, or take it on his own.

7

Finalizing a divorce can take up to 4 weeks depending on the county, and what actions the defendant takes.

If the defendant accepts service and files an answer and waiver of time to further answer, the time period can be reduced by 30 days (the time period allowed for a response). Once that is done the Plaintiff can go ahead and set a hearing date when the divorce will be entered.

An example of answer and waiver looks like this:

The Defendant will have to create file one. An example looks like this:

NOW COMES Defendant, answering the Plaintiff’s earlier filed Complaint and says:

  1. That he received the Summons and Complaint, has read the Complaint and the allegations contained therein are true.
  2. That he waives any defect in service of process, all further notice of any hearing or action, his right to be present and heard and consents to this matter being brought before the Court at the convenience of Plaintiff in any manner allowed by law, and joins in the prayer for relief set out in the Complaint for entry of divorce.
    WHEREFORE, Defendant respectfully requests the Court to grant the following relief:
  3. That the Court dissolves the bonds of matrimony existing between the Plaintiff and the Defendant.
  4. That the Defendant’s time to answer Plaintiff’s Complaint and Defendant’s right to a minimum Notice of Hearing be waived, and
  5. For such other and further relief as to the Court seems just and proper.
    This is the _____ day of June, 2010.

Defendant
123 Main Street
Anytown, NC 12345

STATE OF NORTH CAROLINA
WAKE COUNTY

I certify that the Defendant ____________ personally appeared before me this day, and acknowledged to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated.

Date: ____________________ ¬¬¬¬ __________________________________

___________________________, Notary Public
(Notary’s printed name