Answer to Complaint required?


#1

I have a friend who has received a complaint requesting Divorce from Bed and Board. The complaint is very detailed about the friend’s addiction issues and only requests possession of their house. Friend has already moved out and he says that all the allegations are accurate. Does he need to have to send an answer since he is in agreement? If he doesn’t, could that have an impact when it is time for them to divide up their property? His wife makes more money than him.
Thanks


#2

Yes, he should file an answer to the complaint within 30 days of being served with the complaint. Even if the allegations are all admitted, he should inform the court of this by filing the answer rather than not responding at all.

In the answer he will need to go through each paragraph and admit or deny each allegation by simply stating “admitted” or “denied” to each corresponding paragraph.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

Thanks so much for your quick reply and for the information provided. When my friend got the complaint it was by certified mail with a return receipt on it. The mail person didn’t have my friend sign the green card, so it is still stuck to the envelope. He did sign something electronically. Does that matter? Thanks again. Brian


#4

The electronic signature is probably sufficient for the plaintiff (the party filing the action) to prove to the court that your friend was indeed served. Based on the information you have provided, it sounds like he was properly served.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.