First of all, if you wish to seek alimony or property distribution you must file those claims with the court before the divorce or you will forever lose those rights. Second, the divorce will likely proceed without delay. If your time to file an answer has not yet expired (30 days from service) you can seek a 30 day extension of time to file your answer. Mediation is not something that will be ordered in an absolute divorce situation.
Good luck.
Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607 NCdivorce.com
(919)787-6668
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.
Thank you for responding…
I have already answered my divorce stating that I separated with the intent to reconcile, I do not want alimony or property(although he inherited some during marriage) I do not know if I am entitled to any of this… we have no children.
Can I still request the 30 day extension even though I have already answered the papers and they are filed.
Sincerely
Sunrise
And you are generally not entitled to inherited property unless it has been invested in jointly titled real estate.
Sorry.
Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607 NCdivorce.com
(919)787-6668
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.
First I would like to say a thank you to whomever started this site… I have been searching for answers, however I did not know if I should find and pay a lawyer if my efforts were futile. So I sincerely appreciate your time.
My question requires a little history… My husband filed for a divorce a year ago when I left N.C. stating that we had been separated a year, however I did not want the divorce… I wanted us to work it out so I replied that we had not been separated a year which was indeed the truth. He agreed to wait a year, but in that time he did not speak to me because he was hurt that I left. Granted it was my fault, I left because he asked me too, because of the circumstances. Meanwhile, a year has passed and I recently decided my marriage was worth saving so I moved back to North Carolina, however when I did this angered my husband and he has once again filed for a divorce only this time with an attorney. I replied to this action stating I separated with the intent of reconciling. I also asked for mediation in order for my husband to speak with me.
My court date is next week and I would like to seek council as to what I can do to possibly delay this, but frankly I can not afford to see a lawyer or hire one. His attorney has asked for a summary judgement for an absolute divorce. If I am reading the laws correctly I take this to mean my husband does not have to be there next week and my divorce will be final.
My question then is… Is there anything I can say or do to delay or get some sort of mediation with my husband before he dissolves this marriage?
Again, I appreciate your time and look forward to hearing from you.
Sincerely,
Sunrise