Complaint for Divorce, how to handle


#1

Dontwantadivorce,

NC is a “no-fault” state, which means that either party can obtain a divorce if the parties have been separated for at least one year. A court can grant her the divorce whether you answer the divorce complaint or not.

Regarding the issue of the granting of the divorce, there is no advantage to pointing out that you have tried to reconcile. What will matter to the court is only that your wife wants the divorce and whether you have been separated for one year.

My advice is to move on with your life.

David L. McGuire
Attorney
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.


#2

OK, I understand your position, however, I still have a legal question.
Do I need to (or should I) answer the complaint with a formal reply? The complaint contains nothing other than the fact that she has made a complaint for divorce and clause 4 which I mentioned earlier. “That the Plaintiff be ganted such other and further relief as the Court may seem just and proper.”


#3

No, you do not have to answer the complaint unless there are things alleged in the complaint that you do not agree with. That provision that you are referring to is generally a catch-all provision, in the event that the party filing the complaint is seeking other relief from the court, or the court finds that other relief (besides what they are seeking) is necessary. Generally, in a divorce, with no other issues alleged, there is no relief granted other than the absolute divorce, and perhaps resumption of the wife’s maiden name.

Good luck,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@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 but a full discussion with an attorney should be undertaken before taking any action.


#4

My wife and I have been separated for 1.5 years. We recently signed a separation agreement splitting our assets 50/50 with no alimony.

I received a “Complaint for Divorce” in the mail yesterday, stating that I have 30 days to reply. Clause 4. states “That the Plaintiff (my wife) be granted such other and further relief as to the Court may seem just and proper.” What can my wife do to me if I don’t answer the complaint?

I have tried many times to convice her to join me in a joint counseling session to resolve any issues she has. She left without telling me or the family why she left. Is there any advantage to ansering the complaint and pointing this out?