Absolute divorce papers were served 4.15.11 and verification of receipt of service ( mail picked up by me ) was 4.20.11. What must I do? Do I have to re-submit for ED, Alimony, joint custody ( legal/physical ), etc…that was originally filed by my ex-attorney when I could afford one or do I have until 5.15 or 5.20.11 to re-submit and make requests for what I want? If not…will absolute divorce be granted and status will stand as it is currently between defendant (me) & plaintiff (wife)…no separation agreement, no signed agreements, no judge orders besides an MOJ for mortgage and marital property ( who will reside in it ) has been agreed/signed upon…I am coming close to 5.15.11 ( 30 days from when filed with clerk of court by her attorney ) and 5.20.11( 30 days from when I actually received it )…maybe I need to get money from relatives to re-instate lawyer or is this just procedural because DOS was 4.13.10 and this is a normal filing step? Let me know what it means to serve my answer within 30 days to plaintiff or clerk of court… Help? What do I do? Thank you.
If you have already filed your claims for ED, AL and custody you need not resubmit them. If the divorce complaint was filed separately you can (if you disagree with any allegations contained therein) file an Answer which would need to be filed 5/20. If the complaint is just for divorce and all the allegations are correct, you need not file a response and the divorce will be granted. The remaining claims will survive and proceed.
I am in a similar situation. My wife filed for absolute divorce on 3/10/2011. I filed my response timely, however when I called to schedule the absolute divorce hearing the clerk stated only my wife (the plaintiff) can file for the hearing date.
I am paying the Plaintiff’s Medical Insurance until the divorce is final and cannot remarry, both of which my wife is trying to control.
What are my options in Forsyth County, NC?
If you file a counterclaim for divorce, you will then be able to set a hearing for divorce.
On this topic, if it has been over a year for mine and my ex’s separation and both of us have a claim/counter claim in the courts where we agree to the same date as our date of separation, can I file for the summary judgment now without waiting the 30 days? What if I use the exact same verbiage that is in our papers so there is no question as to us agreeing?
No, you must wait 30 days unless the other side files a waiver of further time to respond.