# 30 or 60 Days?

**URL:** <https://forum.rosen.com/t/30-or-60-days/6859>\
**Category:** Divorce and Separation Answers\
**Created:** [December 11, 2008, 12:58pm UTC](https://forum.rosen.com/t/30-or-60-days/6859 "2008-12-11T12:58:50Z")\
**Posts on this page:** 6\
**Page:** 1

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**Author:** ![stepmother](https://avatars.discourse-cdn.com/v4/letter/s/90ced4/32.png) [@stepmother](https://forum.rosen.com/u/stepmother)\
**Post date:** [December 11, 2008, 12:58pm UTC](https://forum.rosen.com/t/30-or-60-days/6859/1 "2008-12-11T12:58:50Z")

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I don’t believe there is a specific amount of time except where the party being served has to respond. The party being served has 30 days from the date they are served to respond. If your stbx has return the papers signed to your attorney, then you should contact your attorney to find out if the absolute divorce has been granted.

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**Author:** ![lostinspace](https://avatars.discourse-cdn.com/v4/letter/l/ccd318/32.png) [@lostinspace](https://forum.rosen.com/u/lostinspace)\
**Post date:** [December 11, 2008, 3:58pm UTC](https://forum.rosen.com/t/30-or-60-days/6859/2 "2008-12-11T15:58:19Z")

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You have 30 days to respond. A response can delay the divorce for another 30 days. No response. Full speed ahead. A response. Another 30 days.

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**Author:** ![Erin\_Clarey](https://avatars.discourse-cdn.com/v4/letter/e/9de0a6/32.png) [@Erin\_Clarey](https://forum.rosen.com/u/Erin_Clarey)\
**Post date:** [December 11, 2008, 4:20pm UTC](https://forum.rosen.com/t/30-or-60-days/6859/3 "2008-12-11T16:20:24Z")

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The time set for responding to a Complaint is 30 days, unless an order for extension of time is granted, which gives the respoding party an additional 30 days. More often than not a response to a simple divorce complaint is never filed. therefore. If this is the case, after 30 days a motion for summary judgment can be filed with a hearing date set 10 days thereafter.

Erin E. Clarey  
Attorney with Rosen Law Firm

Raleigh Office  
4101 Lake Boone Trail, Suite 500  
Raleigh, North Carolina 27607  
919.787.6668 main phone  
919.787.6361 main fax

Charlotte Office  
301 McCullough Drive  
Suite 510  
Charlotte, NC 28262  
Main Phone: (704)307.4600  
Main Fax: (704) 943.0044

Sutton Station  
5826 Fayetteville Rd. Suite 205  
Durham, NC 27713  
Phone: (919) 321-0780

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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

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**Author:** ![RaceGirl](https://avatars.discourse-cdn.com/v4/letter/r/71c47a/32.png) [@RaceGirl](https://forum.rosen.com/u/RaceGirl)\
**Post date:** [December 11, 2008, 6:48pm UTC](https://forum.rosen.com/t/30-or-60-days/6859/4 "2008-12-11T18:48:47Z")

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Both parties have agreed and responded, all paperwork has been given to the X’s atty who told me it was done 30 days after the filing date.

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**Author:** ![newby](https://avatars.discourse-cdn.com/v4/letter/n/58956e/32.png) [@newby](https://forum.rosen.com/u/newby)\
**Post date:** [December 17, 2008, 2:46pm UTC](https://forum.rosen.com/t/30-or-60-days/6859/5 "2008-12-17T14:46:57Z")

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If the ex files response for extension, I understand that prolongs things 30 days. I now have a court date set resulting from the extension request.

For extensions, does there have to be a reason, or are they done in some cases just to prolong the inevitable? … Everything is accounted for in sep agreement…ED completed, custody completed etc.

Why is a court date set now? Do I have to go and just answer the normal questions related to separation and get the divorce approved by the court now? Or with the extension, other questions are raised and now the divorce is being disputed?

If the sep agreement states there will be no disputes to the Final Divorce, why would an extension be warranted, or is it even questioned?

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**Author:** ![RaceGirl](https://avatars.discourse-cdn.com/v4/letter/r/71c47a/32.png) [@RaceGirl](https://forum.rosen.com/u/RaceGirl)\
**Post date:** [December 11, 2008, 11:25am UTC](https://forum.rosen.com/t/30-or-60-days/6859/6 "2008-12-11T11:25:36Z")

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OK, Im still confused. Is it 30 days or 60 days after the filing date of the complaint of absolute divorce? The other party has returned the acceptance of service to the atty a week after the filing.
