Confused about filing


#1

I am separated from my husband, we settled everything, have an uncontested divorce, no children, no property, just need the judge’s signature saying we are divorced. I filed my own divorce papers, filed a complaint at the clerk’s office, served him with papers, he responded, we got a court date. The clerk told me to bring the divorce certificate and the motion for summary judgment for absolute divorce to the court on the set date. I went to court, and when the judge called me up, she said that I had filed the whole thing wrong, didn’t have it “verified”, and was filing a lawsuit, and didn’t know what a summary judgment was. I don’t know what she means, I’m filing a lawsuit? I stated that I did everything the clerk’s office told me to, they filed all the papers, he agreed to everything, what did I do wrong? The response I got was, “When I’m sick, I go to a doctor, so if you don’t know what you are doing, best thing you can do is get a lawyer. I’m throwing this case out.” I left and went back to the clerk’s office and was basically told the same thing. I called the lawyer that I got the papers from and she stated they were legal correct NC divorce forms and that the judge was just being one of those that demands a lawyer for everything. Now, I’m STILL not divorced, I’m out almost $200 for filing, and don’t know what I did wrong. How do I fix this and is there a way to get my money back or get the fees waived to file them again? I have a “verification” sheet signed and notarized. The ONLY thing I asked for in the divorce was to change my name back. What did I do wrong? We want this done and over with as soon as possible, but he isn’t willing to help and I don’t have money for a lawyer, so what do I do? Thank you for reading this and any help you may be able to give.


#2

You may try filing an amended complaint in the same file that has already been created. This should solve the problem of incurring an additional filing fee. The amended complaint should include the verification form. After you serve your ex have him file another answer admitting all the allegations in the complaint. You will then file a motion for summary judgement (serve a copy on your ex), wait ten days and contact the clerk for a hearing date. You must serve your ex with a notice of hearing which provides the date, time and location of the hearing date and come prepared with a divorce judgment for the judge to sign.