Counterclaim to ED


#1

My spouse and i were granted an absolute divorce in July. 2 days prior to the court date, I received a handwritten (unsigned and undated) response to the civil summons, which included a counterclaim for ED. It was not mailed, but left in my mailbox in a white envelope with only my first name on it. [I later received a copy via mail - but after the divorce had been granted.] He did file it at the courthouse, but it wasn’t filed within the 30 days allowed by the original civil summons (it was 6 weeks later that he filed, and at the very last minute).

Under NC law, I think he is supposed to then serve me with an affidavit listing all of the marital property to be divided including value of all property as of date of separation within 90 days of filing the counterclaim. That 90 days has passed, and other than the original response, I have received nothing at all from him about this.

Since the response/counterclaim wasn’t signed/dated or served in a way it could be verified (and since he has missed the deadlines for everything) - is it even valid? Is there a chance the judge could dismiss?


#2

If he filed the claim for ED prior to entry of the divorce his claim is preserved, however you may move to dismiss the claim based on lack of proper service and failure to prosecute the action.