Court tomorrow


#1

My court date is tomorrow. I’m quite nervous about not knowing what to expect, whether my STBX will show up, etc. While I can’t control his actions, I was wanting to see if anyone here had been to court for an absolute divorce in NC that could describe the court process. This should (to my knowledge) just be a simple hearing to have the divorce decree signed. No children and no E/D. Thanks in advance for any input!


#2

I hope that bringing this to the top will prompt someone to respond, I’m really curious/nervous about the process in Wake County. Can anyone give a little info on what it’s really like on court day?
Thanks!


#3

[quote=“Sandy1234”]I hope that bringing this to the top will prompt someone to respond, I’m really curious/nervous about the process in Wake County. Can anyone give a little info on what it’s really like on court day?
Thanks![/quote]
I think you should better consult a lawyer for this.


#4

Thanks, but I wasn’t asking about any legal aspects of court day. Simply wondering what the process is like on that day from someone who has been through it. What happens once you get to the courtroom? That sort of thing.


#5

NOT AN ATTORNEY
It depends upon the case, but generally speaking, you’ll be in a court room with other divorce, family cases to be heard and you’ll wait while those cases are going forth until you are called. Depending upon whether or not you and your STBX have come into agreement on a divorce settlement or any other issues that need to be addressed, you’ll either simply present all the documents and wait for approval, or you’ll begin a hearing on the unresolved issues.


#6

Thanks Athos. It will probably not be as bad as I think.


#7

Athos … Isn’t it just a matter of asking whether we’ve been separated for a year and a day and then granting the divorce if all other matters have been resolved (or are in the middle of resolution)? My atty said that since we have custody resolved, temp child support done and we’ve gone through mediation for Equitable distribution (but it isn’t finished yet) that we can submit the paperwork, he can ask for ONE 30 day extension (just because he’s an ass like that and can and probably will do so) and then we go to court, judge asks if we have any outstanding issues that have not been addressed (which we don’t) and ask if we have been separated for one year and one day and then the divorce is granted. If I understand my attorney correctly, nothing can delay the absolute divorce as long as you have been separated for the appropriate amount of time and if all other matters have been addressed.


#8

Pretty much. If you have everything settled prior to the date of divorce, there shouldn’t be much to it. It’s really only if there is conflict that the parties want to settle that the process is more consuming. Some people don’t like stretching out ED past the court date. I didn’t. As you say though, as long as the appropriate documents are filed with the court, some of the items can be sorted after the date of divorce. Technically, yes, once it’s been a year, there’s pretty much nothing that can stop divorce, with the possible exception of proving that someone is mentally incompetent to request a divorce or that some form of fraud has been perpetrated.