Been served...now what


#1

If the allegations in the complaint are correct, you can choose to do nothing and after thirty days he can go to court and get the divorce. You can file an answer and counterclaim and tell the court you would like to change to your name. They will include the name change in the Divorce Judgment and no further action will be required on your part. If you wish to change your name in the Divorce Judgment you should show up for the hearing to make sure this is taken care of.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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.


#2

How do I file a counterclaim to change my name? I didn’t see anywhere in the stapled packet for me to do that. Do I go down to the clerks office and fill out something else there?


#3

There is no form to do it, it is a document that has no required form. You need to make sure that you respond to his allegations and include a section titled counterclaims. The counterclaim would include your claim for absolute divorce and also ask the court to allow you to resume the use of your maiden name.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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.


#4

Hey,
My stbx and I are filing a no-contest divorce ourselves. We decided that he would be the one to file for the divorce. I have just been served with the papers by certified mail about a week ago but don’t know what to do now. Do I have to do anything or does he just go to court after the 30 days are up? There didn’t seem to be any directions on what I should do. Also, after I get the certified copy of the divorce papers, can I just go down to Clerk Of Court in Raleigh and file for a name change? Do you know if this will be a long process? Thanks for the help.