Complaint served waiting on 30 days question, help?


#1

Legal Seperation Done. Year and One day is done. No children. She took almost everything including money but I dont want anything from her but the divorce. She tried to get post seperation support, alimony, on and on but the judge ruled in my favor and she didnt get anything. We are both in NC. I had her served by the Sherriffs dept and already got back the papers stating she was served. She wont show up for the hearing in 30 days becuase she is worried I will try to get my half of everthing ( mainly the money)
My question: I am going to try to get her to waive the waiting period to get this all over with. What does she need to do in order to waive the waiting period and allow me to go ahead and set a court date and get the judgement done. If she waives the waiting period would she have to then come to court or no. We now live 3 counties apart and have both moved on and both have other relationships.


#2

You cannot waive the 30 day period in which she is entitled to respond, only she can waive time to answer. However, once 30 days have passed from the date of service you may set the divorce on for hearing, your spouse need not attend, and she cannot do anything to forestall the process.