Divorce decree arrived, no court date?


#1

Dear computer_girl:

Yes, you should check on this immediately. You do not want a lawsuit which you were a party to without seeing the complaint, etc. Immediately go down (don’t call) to the courthouse and get a copy of the entire file. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.


#2

Thank you Janet,

I was served with papers, but never received notice of a hearing after that. So I saw the complaint, but no court date appeared on the calendar, and I never received a notice, so I could not go and have any say. One reason he may have done that, we have not been separated for a year, he claimed that to the court, I never responded.


#3

Dear computer_girl:

Greetings. Then you had better go to the court, get the documents, and make sure to protest the divorce. Even if you want to be divorced, you can only get divorced in North Carolina based on one year of separation (or incurable insanity which takes 3 years). If you have a divroce decree it can easily be overturned as not valid. Make sure you do what is right so that you can have a valid divorce. You would hate to meet someone a year from now, marry in two years, and find out that you were guilty of bigamy because your first divorce was a sham…it has happened!

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.


#4

This is a little strange, I never received a summons for a hearing, nothing at all showed up on the web posted court calendar, and today I received my divorce decree in the mail.
I am still a little suspicious that it’s not real, so my question is: is it possible the court date never made it on the calendar online?
Can I call the clerk of court to verify this with the case number?
Thanks in advance.