Hello!
I had a question concerning uncontested divorce. If the defendant agrees to sign the acceptance and answer forms in front of a notary with the plaintiff, does that waive the 33 day waiting period? I was under the impression that the waiting period was just to give the chance to the defendant to file an answer. However, if they answer can the plaintiff continue with the process within the next few days? I live in Mecklenburg county.
Yes, if the defendant files an answer to an absolute divorce, then the plaintiff can schedule the court date without waiting for the time period allotted to file an answer to run. The only time the plaintiff must wait the full 30 or 33 days (depending on how the defendant is served) before scheduling a court date is if the defendant never files an answer or never files a waiver of their right to answer the complaint.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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