Absolute Divorce!


#1

The time to answer a complaint can be extended in any civil case, including divorce. The extension is available to protect the defendant’s right to have due process of law prior to any change in her rights, and it has the benefit to you of ensuring that the divorce judgment you eventually get will be valid and not subject to challenge on the basis of any impropriety with regard to your spouse’s rights. Although it is possible that your spouse is trying to delay, you mentioned that there is also a custody claim in that case. Your spouse may legitimately require more time to obtain counsel and respond to the custody claim.

Lara Stanford Davis
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

Why a thirty day extention, in absolute divorce cases? Spouse filed for an extention on the last day of the deadline for the divorce and child custody case. Is this just to give the spouse more time to contest the divorce, or is there other reasons? I did not think that an absolute divorce with OVER one year separation, could be contested. What is going on here? Thanks for any information.