Defendant/husband didn’t answer complaint until about 40 days after being served and without getting an extension. His answer included a counterclaim which also objecting to Bed and Board status.
I thought by not answering within the 30 days, it would be a default on his part. Can he proceed with late reply and counterclaim without any consequences?
There are no default judgments in family law. So while his counterclaim was late (should have been due 30 days after service if no motion for an extension of time was filed and granted), he can still proceed on it.
However, you may be able to file a motion objecting to him proceeding on the claim on the grounds that it was late, or you can bring up this objection in your reply to the counterclaim, and/or you can bring it up prior to a trial.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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thank you for clarifying