Hi, I’m going through an uncontested divorce. My ex and I have split all marital assets. Agreed on each debt is our own as well as our retirement. She has filed the divorce and court date is September 16th. I’m trying to find out if I will be required to show up for court. The hearing is in Moore county where my ex has moved to. Thank you in advance.
If the only issue before the judge that day is absolute divorce, then you do not have to show up if you are not contesting the absolute divorce. If you do not show up, the divorce will likely be granted (assuming there are no defects to the claim - for example, there is no proper service or the notice of hearing was scheduled too soon).
If you need to contest the absolute divorce, then you would need to attend the court date.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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.
One more question. Do I need to be served by the sheriff? My ex feels that I since we filed on our own I need to show up to court? I’m not sure what being served would have to do?
Being served by a sheriff’s deputy with the complaint is one proper method of service. Service by certified mail and signing an acceptance of service form are also proper methods of service.
Whether or not you attend the court date has no relevance on how you were served.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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.