30 Day Waiting Period


#1

I recently got my acceptance of service signed and notarized from my spouse. I did send the paperwork to her via certified mail. The Clerk at the court house in Mecklenburg told me that I needed to wait 30 days before questing the hearing date. I have 2 questions:

  1. What proof do I need to provide to the court when I return to prove that I did wait 30 days
  2. Can I have her sign the Separation Agreement with me and the Voluntary Support Agreement with me while I wait for the 30 days or can it only be signed after the 30 days when I get the hearing date?

Thanks


#2

The certified mail receipt will show 30 days have passed. A separation agreement should be signed prior to filing for divorce, and must be signed before the court enters the judgment of divorce. Otherwise you lose your rights to have the court order an equitable distribution of property and determine spousal support in the event you and your spouse cannot agree.


#3

Thank you for the reply Erin. I was afraid the court was going to say that I had the separation agreement and alimony/child support paperwork signed too soon just like they said that it was too soon to get my hearing date. I have it ready, but I was not sure if I could have the separation agreement and child support/alimony paperwork signed before the 30 days.


#4

No, a Separation Agreement can be signed anytime after the parties separate, which can, and often happen a year or more prior to divorce.


#5

Thank you Erin. I really appreciate your responses and the services your law firm offers.


#6

You are very welcome. I wish you all the best.