Divorce Decree when pending Alimony Action?

North Carolina Divorce Law Divorce and Separation Answers
1

Dear javaking66:

Yes.

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

Thanks Janet. I am aware of Rule 38. It seems this rule was ignored by the court. I can’t imagine that a separation date is an issue where a jury trial cannot be waived.

I have also read on this board that if you don’t respond within the 30 days … you waive your right to respond.

My questions are:

  1. Is this an issue in which a jury trial can not be waived?
  2. Why was he allowed to respond at all after he waived his right by not responding within 30 days? (this was actually much much later than 30 days.
  3. Is it typical of the court in NC to ignore the timing rules of civil procedure???
3

Dear ithertz:

Greetings. No, you can waive a jury trial on the issue of alimony. Now, if you do not notice his default, he may still be able to respond and the court will hear his late answer. Finally, no it is not typical for the court to ignore the timing of the rules of civil procedure. 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.

4

Am I correct in assuming that a divorce decree can issued even if the alimony and property division action is still pending judgement?