First, I would recommend that you get answers to the questions regarding your case from the attorney representing you. Submit them in wirting if you are having trouble getting information. In general, your husband could still get an attorney and file an answer and counterclaims before his time runs out. If he does not answer, your divorce claim can be calendared for hearing on a summary judgment motion – ask your attorney to explain this. The equitable distribution issue may not be so simple and will be heard separately. This is also true of child custody – it will have to be set for a separate hearing, and your husband will probably be allowed to present his evidence on custody even if he fails to answer timely.

Lara Stanford Davis
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607

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.


I am in the process for divorce, my thirty (30) days came and went. My spouse got an extention of thirty (30) days. Now, we have to go to court, so I have been told by my attorney’s office. I also filed for equitable dist. at the time I filed for divorce and child custody. This thirty day extention is over in less than a week. My spouse has not gotten an attorney yet, or so I believe. What usually happens if he does get an attorney on the last day? Will I still be granted my divorce and equitable dist.? We have been separated for 17 months. He has not paid any support to his child or has he had any visits. Will the custody be taken up by the judge on that day?

Thanks for any advise.