Divorce Technicalities


#1

My husband has filed for a divorce. Our separation agreement states that our children are not be in the home of his mistress until the divorce is final. As much as I want to expedite the divorce for my benefit, it don’t want to hurt the children. I have also filed for full custody for him breaching this part of our agreement along with other safety issues. Should I try to delay the divorce, or can he finalize regardless of what I do? How long does it take for a divorce to become final?


#2

Your husband can proceed with the absolute divorce regardless of any pending claims or actions you take. It generally takes about 2 months from the time the absolute divorce complaint is filed until the absolute divorce 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.


#3

Is the court date what makes it final or is there a period after that? So
I am not even obligated to respond?


#4

The court date for absolute divorce, where the judge reviews the evidence and grants the absolute divorce, is when the divorce is final.

You have 30 days to respond to a complaint served on you. You are not required to file an answer.


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.


#5

Ok. Thank you. So my husband will have to appear before a judge and pay
the court costs? What do they typically cost if so?


#6

Filing fees for absolute divorce are $225.

Your husband will have to appear and testify before a judge to be granted an absolute divorce, unless he hires an attorney and the attorney files a motion for summary judgment (which allows for an absolute divorce to be granted without either party being present when there is no genuine issue of material fact).


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.