Greetings. Some counties/judges do not allow for the waiver of time. I don’t think it is something for you to waste your time on, and allowing a waiver or a divorce is in the judge’s discretion. Are you divorced now? If so, good luck.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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.
I used the form Acceptance of Service and Waiver of Responsive Pleading when doing my own divorce papers (Absolute Divorce). I reside in Granville County, North Carolina. When I went to court the judge indicated I could not have my husband waive his 30 day response time. He also indicated that I didn’t have the form notorized. I indicated to the judge that it doesn’t require the notarization and also asked why I couldn’t have the 30 days waived. His reply was that I just couldn’t do that. He suspended my court date until after the 30 days that I served my husband. I was told that the judge could not legally do that and I would need to file a complaint but to wait until after I got my divorce. It was also suggested that I get my husband to resign the form in front of a notary and have it notarized for the same date. It was suggested that I contact the judicial council or something like that title to start my complaint process. I was also “fronted out” about not having an attorney when the judge was going through the docket by him stating, “Watch what the attorney’s do so that you will know what to do when it is your turn.” I must say it was kinda hateful the way he said it. Does this sound like good advice that was given to me?