Confused 2


#1

Does anyone understand this at all?


#2

Your ex has to be served and allowed time to answer according to the rules of civil procedure. Before any court can issue and order there must be service to allow the court to exercise jurisdiction. The year and a day rule does not intend for the divorce to automatically happened at that time, it just means you are eligible to petition the court to grant you a divorce at that time.
He cannot fight the divorce as consent is not required. If you file the Complaint on February 27th and have him served with the summons (the clerk will issue this document when you file your complaint) you may then set the divorce on the court


#3

Thank you so much for explaining it to me. I actually understood what you just said. Even though i have a great attorney here in NC.


#4

Sometimes it just takes another perspetive, I am happy to help.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
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) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (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.


#5

Okay the 1 yr, 1 days mark is apporaching come Feb 27th. Why does he have to be served, wait 30 days for him to responsed, then after 30 days, wait another 3 weeks to go back to court? I have to wait longer for this divorce to be done with? What the heck! I keep asking myself. What if he wants to fight the divorce? Why would he do that?

North Carolina needs to change these laws. They are confusing and crazy. Please help me. Thank you.