Amended Divorce Complaint


#1

Son is attempting a pro se divorce. Spouse is a resident of another state and after being “missing” for awhile has turned up in NC. Spouse was served with original complaint after several attempts as she was avoiding service. Son had court date last month, judge continued the case because the statement “at the time the separation occured it was intended to be permanent by at least one of the parties” was missing…everything else was in order. Judge instructed son to make corrections before the next court date. Correction has been made but the spouse is once again avoiding service so we are hiring a process server. Problem is the 30 day waiting period will not be completed before the next court appearance. Would it be okay to ask the judge to waive the 30 day period for her to answer the new complaint as the above statement was the only change. (She never answered the first summons and complaint).


#2

No, unfortunately the rules of Civil Procedure require that the Defendant be served with the amended Complaint and have 30 days to respond.


#3

Thank you for your help. That’s pretty much the answer we were expecting but we are just trying to leave no stone unturned.


#4

You are most welcome, I wish you all the best.