Can I get a second extension in NC for divorce complaint?

1

I have filed an extension in NC. My court date is May 17, I filed an extension on May 1 and it was extended to June 2. I just started a new job and have not retained an attorney for that county as of May 9 (today.)

The Clerk said I could file another extension before June 1 when I asked for more time, but my attorney’s assistant in my county said that I only get one extension in NC. I need a 2nd extension to hire an attorney there, so is a 2nd extension allowable or not? If yes, would I get 30 more days from the June 2 date or 30 days from the day I file the motion for a 2nd extension?

Thank you.

2

You can file another motion for an extension of time for cause shown as long as it is filed before the previous extension expires. This would extend the time for an additional 30 days after June 2nd. Typically parties will only ask for one extension. Note that this is different from asking for a continuance at a court date in order to hire a lawyer.

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

Thank you for your reply.