Court hearing

If you have filed an answer you have waived any objection you could have made regarding service of the complaint. Even if you think your ex could not possibly get what they want you still need to show up for the hearing. If you do not show up and you are unhappy with what the Judge orders you could appeal the order, but appeals are lengthy, expensive and unpredictable and you may be required to comply with the order while the appeal is pending.

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.

Ex has filed a motion in the cause. I have filed an answer. However, I was not “properly served”—no certified mail or sheriff summons. Does my “answer” count as an “appearance”?? Do I have to physically appear at this hearing? I need to know if I do not appear physically if I will be able to file objections to the Orders that come out of this hearing. I fully expect the judge to rule in my ex’s favor, but trust me on this, if he orders what my ex wants, the judge himself will be in violation of U.S. Law. So, if I do not “appear”, can I still object to what comes out of this hearing?