Your next step would be to set a hearing for your divorce, your soon to be ex husband may show up at the hearing, but unless he contests the date you separated there is nothing he can do to delay the divorce. The divorce is not final once you send him the papers, there is always another step involved.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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.
I got the impression that he could come and “state his case” even though he did not answer the complaint in disagreement. I asked for sole custody and no visitation from him for our 5 year old because he is unstable. He has been in rehab for the last couple of months for meth addiction and has not seen his child in over a year. My thought was because he didn’t respond he was agreeing to those terms. I just wasn’t sure if he will be able to try and change that now.
It appears that you are referring to a custody case, that is something separate from your action for absolute divorce. If the issue you are going to court over is custody your Husband will be permitted to state his case regarding custody.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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.
HI. I filed for divorce and my STBX had until Jan 12th to respond and he didn’t. I thought that meant I would be granted what I asked for because he didn’t disagree with it by responding. Now my atty tells me that he can still come to court and state his case. I am confused…why did I have to pay to send the divorce papers if they didn’t mean anything? How does he have a say now? He was the one who did not respond…I did what I was supposed to do.