Divorce Pending with my complaint still not heard yet

My divorce is coming up next week He filed. I have previous;y filed for ED and alimony. how do I respond to the divorce/civil summons so that I can keep open my claim for ED and alimony? can i just appear in court at the divorce and tell the judge that I have an open complaint or do I have to file an answer and if so how do I do that? thank you!

It is best to file an answer to a complaint that is served on you. In the answer, you admit or deny each of the allegations in the complaint one by one. At the end of the answer for an absolute divorce complaint you would need to indicate that there is a pending court file open and that you are requesting the claim for equitable distribution be preserved for further hearing upon a grant of the absolute divorce (and be sure to give the file number in which your claims are pending).


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.

where do i get the form to answer the complaint? he did check the box that says we have a pending case about our property and other issues. and he lives in another county . I have always served all of my papers to him at his moms address in my county. Can I still do that or do I need to drive over to his county to have it served? thank you!

There is no standardized or pre-printed form for an answer to a complaint. You have to draft your own. You admit or deny each of the allegations in the complaint in the same order as they are listed in the complaint.

It is acceptable to serve the other party with all court filings at the address that the plaintiff listed in the complaint. You can serve an answer by regular mail. Be sure to include a certificate of service with the answer to prove to the court the date that you sent the document and how you sent it (i.e. mail, fax).


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.