Divorce, Consent, and and Cost


#1

My spouse left me for another woman a year ago. I did not want a separation or divorce, but he didn’t give me a choice. Can he file for a divorce w/o my consent, and will I be obligated to pay even though I didn’t want the divorce? Should he choose to do this and leave me out of the process entirely, what will be the cost to him? Please advise b/c I am expecting to be served any day. How will I be notified?


#2

Yes, your husband can file for an absolute divorce without your consent. He may also file for the claims of equitable distribution and if applicable, child custody and/or child support.

You will not be obligated to pay if he files. If you need to file a counterclaim to his complaint, you will have to pay for that (filing fees are $150).

He cannot leave you out of the process entirely. You must be notified of all court actions against you, and he cannot get an absolute divorce without proper service on you for the complaint.

If your husband files a complaint for absolute divorce, he will pay $225 in filing fees, plus attorney’s fees if he hires a lawyer.

Acceptable means of service on you are by sheriff’s deputy, process server, or certified/registered mail.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

So by being served am I consenting or just verifying I’ve been served?


#4

You being served with a complaint signifies that you received notice of the court action against you. It does not mean you consent to any of the relief requested in the complaint.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

Wonderful. Thank you for the clarification.