Absolute divorce process question...re: 30 day wait period


#1

County: Mecklenburg County, North Carolina
Background: Plaintiff retained attorney to establish Separation, Alimony, Property Distribution; Child custody/support agreements.
Attorney was dismissed once all documents were established/filed.

Defendant was self-represented.

Absolute divorce: DIY filing after 1 year separation date + 1 day

Process questions: I understand there is a 30 day wait period following the date of plaintiff filing (summons, civil action coversheet, complaint) and when the defendant documents are filed (acceptance of service, answer to divorce complaint and waiver).

If both plaintiff and defendant agree to the divorce and file their documents on the same day, does service still need to be done on the defendant and the 30 day wait period still apply? Or, can service be taken care of at the clerk’s office on the day of filing?

Also, can a court date for summary judgment be requested on the day of filing?

Thanks –


#2

The 30 day waiting period is actually a time frame which allows the Defendant to file a responsive pleading, and does not begin until such time as he or she is served. If the Defendant files and acceptance of service and a waiver of time to answer the complaint the 30 day waiting period is not required.
The court will not schedule the matter for summary judgment until after the Defendant has filed an acceptance of service and waiver of time to answer.


#3

Thanks for the follow-up.

One more question: Can service be taken care of on the day that the plaintiff and defendant file at the clerk’s office or does that have to take place via registered/certified mail?

Thanks again


#4

If the Defendant files an acceptance of service it can be done the same day.